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 292
38th Session, 1977
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
The Tribunal will not rule whether a rule of application can be amended by an office notice. "It will assume for the purposes of this case that a valid amendment can be made by office notice, provided that: a) the document containing the amendment is made by the Director-General himself; b) the intention to amend is made clear in the document; c) the amendment is clear in its effect; d) the amendment is not deemed effective to deprive an official of essential acquired rights."
Keywords:
acquired right; administrative instruction; amendment to the rules; competence; competence of tribunal; condition; executive head; judicial review; staff regulations and rules;
Considerations 16-17
Extract:
Under the material article "general provisions for giving effect to the regulations are to be settled by rules, instructions and office notices made by the Director-General. [...] is it the intention of [this article] to put on a par with the rules of application a miscellaneous collection of office notices? If they are contradictory of the rules, which are to prevail ? [...] The Tribunal will not attempt to answer all these questions [...] nor to decide to what extent, if at all, a rule of application can be amended by an office notice".
Keywords:
administrative instruction; difference; judicial review; precedence of rules; staff regulations and rules;
Judgment 291
38th Session, 1977
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"Whether or not to renew an appointment is a matter which falls within the Director-General's discretionary authority, and the Tribunal may interfere with a decision taken by the head of the organisation not to renew the appointment only if that decision [...]."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract;
Considerations
Extract:
"The complaint [as submitted] is not [...] in due and proper form and does not contain all the information desired. While the Tribunal does not hold the complaint irreceivable, it can consider only the pleas made by the complainant in the memoranda before it."
Keywords:
complaint; consequence; formal requirements; judicial review; limits; receivability of the complaint;
Judgment 284
37th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"A circular of this character does not, as do the Staff Regulations, form part of a staff member's terms of appointment and so as a general rule a departure from its provisions does not of itself give him any right to relief [...] If a circular prescribes a certain procedure to be followed, the Tribunal will consider, not necessarily whether the procedure has been exactly followed, but whether any departure from it has prejudiced the staff member in a way that affects his rights."
Keywords:
administrative instruction; consequence; injury; judicial review; lack of injury; procedure before the tribunal; terms of appointment;
Consideration 2
Extract:
"In such circumstances the principle which the Tribunal applies is that it will not interfere, except upon particular and limited grounds such as prejudice or incorrect appreciation of facts or formal or procedural irregularity, with decisions of the Director-General."
Keywords:
discretion; increment withheld; judicial review; salary; step;
Judgment 283
37th Session, 1976
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[T]he Tribunal must determine whether the performance report given to the complainant was in all respects properly established, but it may not substitute its own opinion for that of the administration on the quality of the staff member's performance nor exercise any power of review over the administration's assessment."
Keywords:
discretion; judicial review; rating; work appraisal;
Judgment 281
37th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant, who was one of a number of candidates for a post in the organization, appeals against the Director-General's decision to appoint another candidate. "Such a decision falls within the discretionary authority of the Director-General and accordingly the Tribunal has only a limited power of review."
Keywords:
appointment; candidate; competition; discretion; judicial review;
Judgment 277
37th Session, 1976
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The organisation maintains that the internal appeal was time-barred and therefore irreceivable. "According to Article VII, paragraph 1, of its Statute [the Tribunal] is required to consider merely whether the internal means of redress have been exhausted - in this case whether the Director-General's" original decision led to a recommendation by the Appeals Committee. That condition is undoubtedly fulfilled, and the complaint is therefore receivable."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords:
complaint; decision; internal appeal; internal appeals body; internal remedies exhausted; judicial review; receivability of the complaint; recommendation; time bar;
Consideration 1
Extract:
"Although the Tribunal must determine whether its own time limit for filing a complaint has been respected, it will not review the observance of procedural rules in internal bodies. It merely notes that such bodies have heard the appeal. The most that can be said is that matters would have been different had the Director-General in his final decision expressed reservations on the propriety of the appeals procedure."
Keywords:
internal appeal; internal appeals body; judicial review; procedure before the tribunal; receivability of the complaint; time limit;
Judgment 274
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
When the offending conduct falls outside staff duties, "each case must be examined carefully to see whether an obligation has been broken". A staff member's conduct of his private life is not the concern of the Director-General, unless it brings the organization into disrepute. In the same way, trade union activities fall outside the competence of the Director-General, although there may be exceptions.
Keywords:
competence; conduct; executive head; freedom of association; judicial review; outside activity; staff member's duties; staff union activity;
Consideration 2
Extract:
"But whereas in the case of censure which is of a disciplinary nature the Tribunal exercises full power of review as to the facts and the law because of the protection which staff members of the organization should enjoy, when the measure takes the form of a reprimand which is not of a disciplinary nature the Tribunal will exercise a limited power of review. That is to say, the Tribunal will not interfere unless [...]."
Keywords:
censure; difference; disciplinary measure; disciplinary procedure; judicial review; reprimand; safeguard;
Considerations 6-7
Extract:
The complainant was reprimanded for her criticisms of two members of the Staff Council, of which she was herself a member. "The organization's case is simply that to cast doubt upon the integrity of another staff member is misconduct. In the opinion of the Tribunal this is too broad a proposition. [...] On a charge of misconduct motive and intent are relevant".
Keywords:
conduct; grounds; judicial review; reprimand; staff representative;
Judgment 269
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Although the Director-General enjoys discretionary authority in taking measures which entail abolishing a post, his decision is not wholly free from review by the Tribunal. It may be quashed if [...]."
Keywords:
abolition of post; discretion; judicial review;
Consideration 3
Extract:
In order to lower editorial expenditure the complainant's post was abolished and free-lance staff engaged under contract. "[I]n abolishing the complainant's post and assigning her functions to someone engaged under contract the Director-General was giving effect to [the organization's] policy. It is not for the Tribunal to review such policy, whether it relates to the scope of the [organization's] activities or to its methods of work."
Keywords:
abolition of post; appointment; discretion; external collaborator; judicial review; organisation's interest; reorganisation;
Judgment 268
36th Session, 1976
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The decision whether or not to extend a fixed-term appointment on its expiry falls within the discretionary authority of the Regional Director [in the present case] and, on appeal, within that of the Director-General. By reason of its very nature it is subject to only limited review by the Administrative Tribunal. In general the Tribunal will not interfere with that decision unless [...]."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract;
Judgment 266
36th Session, 1976
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The total or partial renewal of a fixed-term contract, to which an official is in no way entitled, is a decision which falls within the discretionary authority of the head of the organisation alone. The Tribunal will not interfere with such a decision unless [...]."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract;
Judgment 265
36th Session, 1976
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The Director-General of the organisation, by virtue of the general authority conferred on him as such and in the interests of efficiency, is empowered to change the duties assigned to his subordinates provided that that change is not tainted with any flaw which entitles the Tribunal to interfere. In the present case it is not disputed that the change was not so tainted. In particular, it does not appear from the documents in the dossier that the impugned decision was taken from any motive other than a desire to promote work efficiency."
Keywords:
amendment to the rules; assignment; consequence; discontinuance; discretion; judicial review; organisation's interest; special post allowance;
Judgment 263
35th Session, 1975
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The Director-General may before taking decisions lay down rules for promotion which he notifies to the staff. In formulating the rules the Director-General exercises real discretionary authority; accordingly, when the Tribunal has to determine the validity of such rules its power of review takes the limited form already described.
Keywords:
discretion; flaw; judicial review; promotion; provision; staff regulations and rules;
Consideration 2
Extract:
"[A]s a rule the decision whether or not to promote an official falls within the discretionary authority of the Director-General and is therefore subject to only limited review by the Tribunal. In general the Tribunal will not interfere with the decision unless [...]."
Keywords:
discretion; judicial review; promotion;
Judgment 262
35th Session, 1975
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Vide Judgment 263, consideration 2.
Keywords:
discretion; flaw; judicial review; promotion; provision; staff regulations and rules;
Consideration 1
Extract:
Vide Judgment 263, consideration 2.
Keywords:
discretion; judicial review; promotion;
Judgment 254
34th Session, 1975
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The Tribunal will not construe appraisal reports as if they were clauses in the Staff Rules. Indeed, the Tribunal will not normally entertain complaints about the contents of appraisal reports and will grant relief only if they show a total misconception of the situation."
Keywords:
application for quashing; competence of tribunal; interpretation; judicial review; performance report; rebuttal;
Judgment 252
34th Session, 1975
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant contends that his functions should be assigned to the next grade up. The Tribunal, having examined the matter in detail comparing the post descriptions and statutory definitions of the two grades in question ["messenger" and "doorkeeper"], holds that the complainant's argument is unfounded and that the Director-General did not exceed or abuse his discretionary authority. The complaint is dismissed.
Keywords:
discretion; grade; judicial review; post classification; post description;
Consideration 1
Extract:
"In all cases grading a post requires close familiarity with the conditions in which the incumbent works. It is therefore a discretionary decision which in general the Tribunal may not interfere with unless it was taken without authority, or violates [...]."
Keywords:
criteria; discretion; judicial review; post classification;
Judgment 251
34th Session, 1975
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"In this case the décision not to extend or convert the complainant's appointment is not tainted with any irregularity which entitles the Tribunal to interfere. That decision is based on the abolition of the complainant's post - made redundant by the installation of three computers - and that is a plausible reason for not extending an appointment which has expired."
Keywords:
abolition of post; contract; fixed-term; grounds; judicial review; non-renewal of contract; reorganisation;
Consideration 2
Extract:
"A decision not to extend a fixed-term appointment or not to convert it into an appointment of indeterminate duration falls within the Director-General's discretionary authority. Hence the Tribunal may quash it only if [...]."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract; offer; permanent appointment;
Judgment 249
34th Session, 1975
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
According to the applicable provision and the principle whereby final administrative decisions may not be interfered with, the exceptional power be stowed on the Secretary-General to reopen a case forms part of his purely discretionary authority; "the Tribunal may not review his exercise of that power unless, for example, there is an error of law or of fact or an obvious mistake of interpretation."
Keywords:
case reopened; discretion; executive head; judicial review;
Judgment 248
34th Session, 1975
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant was warned by her supervisors that the quality of her services was not satisfactory; she was transferred to allow her to get adapted; different chiefs found her to be incompetent; she "received several warnings that if her services did not improve the organization would feel bound to dismiss her under Staff Regulation [...] The Tribunal holds that not only was the correct procedure followed for dismissing her but the organization actually showed great forbearance and consideration towards her."
Keywords:
judicial review; termination of employment; transfer; unsatisfactory service; warning;
Judgment 247
33rd Session, 1974
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The decision to with hold an increment from an officer is [...] a discretionary decision depending upon an evaluation made by the officer's superiors. The Tribunal will not interfere with such a decision unless it is based, among other things, on an error of law or a clearly mistaken conclusion on the facts."
Keywords:
discretion; increment withheld; judicial review; unsatisfactory service;
Judgment 245
33rd Session, 1974
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"[The] argument [of misuse of authority] can be accepted only if the Director-General was actuated by improper motives. Since it is the Director-General's duty to safeguard the [organisation's] interests at all times, the question arises whether the impugned decision [not to renew the complainant's contract] is in accordance with those interests. the tribunal will not substitute its own opinion of the nature of the [organisation's] interests for that of the highest authorities of the administration, which are the sole judges."
Keywords:
abuse of power; contract; discretion; fixed-term; judicial review; misuse of authority; non-renewal of contract; organisation's interest;
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