Judicial review (538, 540, 542, 544, 547, 548, 549, 550, 551, 553, 555, 557, 558, 862, 559, 561, 563, 565, 569, 571, 572, 927, 841,-666)
You searched for:
Keywords: Judicial review
Total judgments found: 548
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Judgment 438
45th Session, 1980
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 2 and 10
Extract:
The determination of an assessment falls within the discretionary authority of the Director of the organisation. The Tribunal may not substitute its own assessment for the decision taken by the Director in the exercise of his discretion.
Keywords:
competence of tribunal; discretion; judicial review; rating; work appraisal;
Judgment 429
45th Session, 1980
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The right to impugn a decision subsumes the right to challenge the rule on which the decision is founded. But the Tribunal may not exercise as wide a power of review over the rule as over the decision taken under it."
Keywords:
competence of tribunal; complaint; decision; enforcement; judicial review; provision; staff regulations and rules;
Judgment 428
45th Session, 1980
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The decision concerned the grading of a post. "The Tribunal will be even more cautious in reviewing the impugned decision since some of the matters raised in the complaint are technical and the [organisation] is more familiar than the Tribunal with the circumstances which determine how they should be settled."
Keywords:
discretion; judicial review; post classification;
Judgment 427
45th Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The reason for the decision not to renew the contract "was that the position which [the complainant] is said to have taken 'precludes all possibility of the continuation of a fruitful working relationship between yourself and the management'. This reason, on the face of it conclusive, is attacked by the complainant on the ground that the decision resulted from personal prejudice on the part of the Director or from incomplete consideration by him of the facts. These grounds [taken from the Staff Rules] fall within the Tribunal's limited power of review and are such, if they are established, as to authorise and require the Tribunal to quash the main decision not to renew."
Keywords:
bias; conduct; contract; fixed-term; judicial review; non-renewal of contract;
Judgment 416
44th Session, 1980
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant failed to meet the requirements for a vacant post and lacked the necessary qualifications for a further post. The decision of the Director-General not to reinstate(*) her "was therefore taken under the authority which [he] enjoys and is not tainted with any mistake of law or any other flaw."
(*) The complainant had taken leave "on personal grounds".
Keywords:
compassionate leave; judicial review; qualifications; refusal; reinstatement; special leave; vacancy;
Judgment 405
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
It appears from the dossier that "the sole reason for the action taken with regard to the complainant [change of duties] was the desire of the chief of the department to employ his subordinates more efficiently. The Tribunal will not review the supervisor's appraisal of the complainant's performance provided that [...] he acted solely in the interests of the organisation."
Keywords:
amendment to the rules; assignment; discretion; judicial review; organisation's interest; work appraisal;
Judgment 403
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
Under the applicable provision, a formal warning is equated with a written reprimand, but is declared not to be a disciplinary measure. "The decision to warn is one over which the Tribunal exercises only a limited power of review".
Keywords:
censure; disciplinary measure; judicial review; warning;
Judgment 395
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant, who held grade P.4, was appointed to a post for which he was to be paid a special post allowance corresponding to step 3 of grade P.5. He claimed promotion by direct selection to this grade. The decisions of the Director-General concerning his assignment and remuneration are not open to challenge. It appears from the provision respecting P.5 posts that "the Director-General enjoys discretionary authority and is free, but not obliged, to make an appointment by direct selection." The decision is not tainted with any of the flaws which entitle the Tribunal to interfere.
Keywords:
discretion; judicial review; promotion; special post allowance;
Judgment 377
42nd Session, 1979
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[T]he Tribunal will consider neither whether the grading criteria applied were sound, nor whether they were correctly chosen and applied nor, in particular, whether the degree of responsibility attached to the complainant's post was properly taken into account. The case would be different only if the Tribunal discovered some clear mistake of assessment in the decision which the Director-General came to."
Keywords:
criteria; judicial review; post classification;
Judgment 375
42nd Session, 1979
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"The question whether a staff member is incapacitated from work is [...] a matter of judgment. The Tribunal will not substitute its judgment for that of the Director or of the expert advisers on whom he relies: it will intervene only if on the evidence the judgment appears to it to be wholly unreasonable or based on clearly mistaken conclusions."
Keywords:
discretion; incapacity; judicial review; medical fitness;
Judgment 371
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
According to the organisation, the Staff Regulations were not amended but replaced by other Staff Regulations. Hence the Tribunal may not decide to apply the former provisions which are no longer in force. "If a complainant is justified [...] what the Tribunal will do is to treat those provisions as part of the contract of appointment and apply them as such, and award damages for any breach of them."
Keywords:
amendment to the rules; competence of tribunal; judicial review; merger; organisation; staff regulations and rules; terms of appointment;
Judgment 370
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The decision not to promote the complainant is a matter of discretion. In this case, the Tribunal notes that the Director-General did not abuse his discretionary authority. "Moreover, the effects of the decision not to promote the complainant derive from the relevant rules. However detrimental the complainant may find them, they afford no reason for promoting him."
Keywords:
discretion; enforcement; judicial review; promotion; provision; staff regulations and rules;
Judgment 369
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The Tribunal is not competent to hear an application for the repeal or amendment of Staff Regulations or Rules. "The Tribunal is, however, competent to consider whether a provision of the Staff Regulations or Staff Rules applies to an individual case. It is true that it will then be determining the meaning and scope of a general and abstract provision; in doing so, however, it is merely passing preliminary judgment so that it may decide an individual case which does come within the scope of its competence."
Keywords:
application for quashing; competence of tribunal; enforcement; iloat statute; injury; judicial review; provision;
Judgment 367
41st Session, 1978
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The complainant alleges prejudice and failure to take full account of the facts. "Since the existence of either ground would justify the interference by the Tribunal with a discretionary decision, it is convenient to consider the case as it is presented on these two grounds. [...] Failure to take full account of the facts is the wider ground [...]."
Keywords:
bias; discretion; disregard of essential fact; judicial review; transfer;
Judgment 364
41st Session, 1978
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
Under Article VII, paragraph 1, of the Statute of the Tribunal, "a complaint shall not be receivable unless the person concerned has exhausted such other means of resisting it as are open to him in the applicable staff regulations. This means that where, as here, the Staff Regulations provide for an appeal committee, the person concerned must bring his complaint before that body within the time limits allowed by the regulation. Thus the question for the tribunal is whether the Appeals Board was right in rejecting the complaint on the ground that it was not brought before it in due time."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords:
internal appeal; internal remedies exhausted; judicial review; receivability of the complaint; time bar; time limit;
Judgment 358
41st Session, 1978
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"A decision by the Director [...] to extend a staff member's appointment beyond the age limit set in the Staff Regulations is purely discretionary" and the Tribunal may interfere with such a decision only in exceptional circumstances set out in the case law.
Keywords:
age limit; contract; discretion; extension beyond retirement age; judicial review; retirement;
Judgment 354
41st Session, 1978
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
It appears from the applicable rule "that it is within the Director-General's discretionary authority to decide whether or not to renew a fixed-term appointment. Because that authority is discretionary, [the person concerned] has no right to extension of appointment, and where it is not extended the tribunal's power of review is limited. The Tribunal may interfere with the Director-General's exercise of his discretionary authority only if the decision not to extend [...]."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract;
Consideration 3
Extract:
The Director-General's decision, "inasmuch as it was based on appreciations of fact [...] is not subject to review by the Tribunal."
Keywords:
contract; fixed-term; judicial review; non-renewal of contract;
Judgment 352
41st Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The impugned decision, which relates to the assessment of an official's performance, is of a discretionary nature. Hence the Tribunal may quash it only if [...]."
Keywords:
discretion; judicial review; rating; work appraisal;
Judgment 351
41st Session, 1978
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
There is no evidence that the dismissal in question was based on reasons extraneous to the interests of the organization or was tainted with abuse of authority. The organization maintains that the measure was due solely to the savings which it must now make. "The Tribunal may neither pass judgment on a policy which falls within the sole competence of the [organization] nor review action taken in pursuance of that policy."
Keywords:
budgetary reasons; contract; discretion; fixed-term; judicial review; non-renewal of contract; organisation's interest;
Judgment 347
40th Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The decision, which concerns a condition of the complainant's promotion, is a discretionary one. Hence the Tribunal may quash it only if [...]. For the Tribunal "to have a wider power of review, the Director-General would, before he decided on promotions, have had to adopt rules or criteria of which the staff were duly informed."
Keywords:
discretion; judicial review; promotion;
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