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 188
28th Session, 1972
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The Director-General's decision to maintain the complainant's performance reports and temporarily to withhold her salary increment lies within his discretion."
Keywords:
discretion; increment withheld; judicial review; rating; unsatisfactory service; work appraisal;
Judgment 182
27th Session, 1971
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant complains of certain words used in a performance report: "[T]he facts as they appear in the [submissions] show that there was no act or omission by the complainant which could prompt any special directive for the future, let alone any criticism of the past."
Keywords:
judicial review; performance report; rebuttal;
Consideration 3
Extract:
"The Tribunal will not normally entertain complaints about the contents of appraisal reports; it is essential to their value that the supervisor should be granted great freedom of expression and normally, if there be any errors of judgement on his part, they can be sufficiently remedied by the incorporation in the appraisal report of the staff member's point of view."
Keywords:
competence; discretion; judicial review; performance report; rebuttal; supervisor; work appraisal;
Consideration 3
Extract:
"The Tribunal will not normally entertain complaints about the contents of appraisal reports [...] but in the circumstances of this case the Tribunal feels bound to conclude that the words complained of were inserted in the report under a total misconception of the situation and that justice requires that they should be expunged."
Keywords:
application for quashing; elements; judicial review; mistaken conclusion; performance report; rebuttal; work appraisal;
Judgment 178
26th Session, 1971
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Secretary-General, in the exercise of his discretionary power, "determine[s] and then grade[s] the posts held by staff members. Consequently, the Administrative Tribunal, which has before it an appeal against a decision of those authorities grading a specific job, may interfere with that decision only if [etc.]."
Keywords:
discretion; grade; judicial review; post classification; post description;
Considerations
Extract:
In taking the view that knowledge of only two languages was required for the post, the Secretary-General merely exercised the authority vested in him. "Although the appropriateness of the way in which [the discretion was exercised] is open to discussion, it does not appear from the documents that [the] decision was based on materially incorrect facts or an obvious error or distortion of the evidence, or on a seriously mistaken assessment of the requirements."
Keywords:
discretion; judicial review; knowledge of languages; post description;
Judgment 173
26th Session, 1971
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
In cases where the affected persons are at fault, their disability pension may be reduced under the applicable provision. "[T]he Tribunal cannot reduce the benefits granted to the complainant in accordance with the impugned decision [...] without there being any need to examine whether the fault attributable to the complainant would in itself have warranted the cancellation of the pension awarded, it is sufficient to find that in any case, in view of the experts' report, the reduction made under the impugned decision is in no way excessive."
Reference(s)
ILOAT Judgment(s): 141
Keywords:
complainant; consequence; disability benefit; invalidity; judicial review; liability; misconduct; reduction of salary;
Consideration 2
Extract:
"The experts appointed by the Tribunal found that the complainant is suffering from a "motor hemisyndrome on the right side which is not organic in origin" and which is due mainly to extraordinarily persistent and skilful simulation. [...]
In the present case the Tribunal can only base its judgment upon the experts' findings, which it has no reason to question. As the parties themselves admit, the experts discharged their responsibilities admirably. Their thorough analysis testifies both to their conscientiousness and to the depth of their scientific knowledge. There is nothing to suggest that their findings are incorrect or incomplete [...].
Moreover, since the examination was ordered by the Tribunal because of the disagreement among the many physicians who had previously examined the complainant, it is not surprising that the experts should differ from some of their colleagues."
Keywords:
judicial review; medical opinion;
Judgment 169
25th Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Under the applicable provision, "the Director-General is entitled to terminate at any time the appointment of an official serving a probationary period if in his opinion such action would be in the interests of the organization. Such a decision falls within his discretion".
Keywords:
discretion; judicial review; organisation's interest; probationary period; termination of employment;
Judgment 166
25th Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[T]he fact that other staff members whose contracts, like that of [the complainant] had not been extended were able to find other posts within the [organization] does not in itself prove that the decisions not to appoint the complainant to the [...] posts [applied for] are tainted by misuse of authority. While it may be a matter for regret that [the complainant], whose efficiency is not in question, should have had to leave the service of [the organization], the Tribunal can only find that the decisions impugned are legally valid."
Keywords:
abuse of power; contract; discretion; equal treatment; fixed-term; judicial review; misuse of authority; non-renewal of contract;
Considerations
Extract:
"The action of the Director-General [...] or of an official acting under his orders in deciding not to renew the temporary appointment of a staff member [lies within] the discretionary power conferred on the head of the organization in the interest of the organization itself. The existence of this discretionary power excludes any right [...] to the renewal of [an] appointment and also restricts the Tribunal's power of review."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract; organisation's interest;
Judgment 158
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The Headquarters appeals body found several irregularities in the procedure followed by the regional appeals body. These irregularities "do not affect the validity of the decision impugned which was taken by the Director-General on the completion of a regular form of procedure after exercising powers of investigation as broad as those of the Regional Director on the advice of a body which, like the Regional Board, had a joint composition.
Keywords:
field; flaw; internal appeal; internal appeals body; judicial review; lack of injury; procedure before the tribunal;
Judgment 155
24th Session, 1970
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"[I]t does not fall to the Administrative Tribunal to order any alteration of a report made on an official of the organization by the competent authorities or the withdrawal from the dossier of any part of such report."
Keywords:
application for quashing; competence of tribunal; judicial review; performance report; personal file; rating; work appraisal;
Judgment 154
23rd Session, 1970
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
Decisions to transfer an official lie within the discretion of the authority making them and are subject to review by the Tribunal only within certain limits; "in so far as the Tribunal judges itself competent to hear the complaints filed by the complainant against the decision to transfer him, they do not justify the quashing of the decision or the award of damages."
Keywords:
discretion; judicial review; transfer;
Consideration 2
Extract:
"Whether based on the Staff Regulations or on the terms of appointment, decisions to transfer an official lie within the discretion of the authority making them, and are therefore subject to review by the Tribunal only within certain limits."
Keywords:
discretion; judicial review; transfer;
Judgment 153
23rd Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"In the opinion of the Tribunal, an assessment of what amounts to an increase in duties and responsibilities sufficient to entitle the holder of a post to a higher grade or pay-level cannot be made simply by comparing one list of tasks with another."
Keywords:
grade; judicial review; post classification; post description;
Considerations
Extract:
"[T]he Tribunal will neither substitute its own assessment for that of the Director-General nor direct that a new assessment be made. In taking this view the Tribunal acts in accordance with the well-established principle that it does not review a decision of this sort unless [...]."
Keywords:
discretion; grade; judicial review; post classification;
Judgment 152
23rd Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration on Termination
Extract:
"The Tribunal is competent to review any decision of the Director-General to terminate the appointment of a staff member during or on the expiry of the probationary period if it is taken without authority, is in irregular form or tainted by procedural irregularities, or is taken on illegal grounds or based on incorrect facts, or if essential facts have not been taken into consideration or where there has been a misuse of authority, or if conclusions which are clearly false have been drawn from the documents in the dossier [...]."
Keywords:
judicial review; probationary period; termination of employment;
Consideration on Termination
Extract:
"The Tribunal is competent to review any decision of the Director-General to terminate the appointment of a staff member during or on the expiry of the probationary period [...] The Tribunal may not substitute its own judgment for that of the Director-General concerning the work or conduct of the person concerned or his qualifications for employment as an international officer."
Keywords:
discretion; judicial review; probationary period; qualifications; termination of employment; unsatisfactory service; work appraisal;
Judgment 151
23rd Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Director-General has the authority "to assign the staff members responsible to him in the best interest of the organization. The authority enjoyed by the chief of the organization in this respect affords him a wide field of discretion which the Tribunal can review only in specified cases."
Keywords:
assignment; discretion; judicial review; organisation's interest; transfer;
Judgment 133
21st Session, 1969
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"[T]he evidence in the dossier shows that the abolition of the complainant's post, while not aimed at the complainant personally, formed part of the reorganisation measures taken in accordance with [a conference]. It is immaterial that the duties performed by the complainant were maintained and assigned to other staff members, since the abolition of the post was motivated by objective reasons which do not fall within the competence of the Tribunal."
Keywords:
abolition of post; discretion; judicial review; organisation's interest; reorganisation;
Consideration 3
Extract:
"[A]s an organisational act the decision to deprive a staff member of his post lies within the Director-General's discretion and can be reviewed by the Tribunal only if it is in irregular form or tainted by procedural irregularity, or tainted by illegality or based on incorrect facts, or if essential facts have not been taken into consideration or conclusions which are clearly false have been drawn from the documents in the dossier. This is the case whenever such an act is taken for the sole purpose of removing a staff member for whose termination no other statutory reason can be found."
Keywords:
abolition of post; abuse of power; discretion; judicial review; misuse of authority; organisation's interest; termination of employment;
Judgment 131
21st Session, 1969
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Under the applicable provision, a staff member who has been appointed, by a fixed-term appointment, for one year or more must be notified of the organization's decision not to reappoint him no less than one month before the date of expiry. "The decision taken by the Director-General under the above-mentioned rule lies within his discretion. It cannot therefore be reviewed by the Tribunal unless it is tainted by [...]" (etc.).
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract; notice;
Judgment 129
21st Session, 1969
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[T]he Tribunal is satisfied that the [...] decision to transfer was taken purely in the interest of the organization. Where this is the case, the Tribunal will not substitute its own judgment for that of the Director-General unless he has based his decision on incorrect facts or has failed to take essential facts into consideration or has drawn false conclusions from the documents in the dossier."
Keywords:
discretion; judicial review; organisation's interest; transfer;
Judgment 127
20th Session, 1968
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant's appointment was terminated on the ground that the necessities of the service required the abolition of the post. "The relevance of the reason given is a matter which falls within the discretion of the Director-General, and in principle the Tribunal is not competent to rule on the expediency of action taken by the organization in the light of the necessities of the service to fulfil its aims. It follows that the Tribunal may not substitute its own judgment for that of the Director-General in respect of the desirability of continuing complainant's employment, having regard to the necessities of the service."
Keywords:
abolition of post; discretion; judicial review; organisation's interest;
Judgment 126
20th Session, 1968
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
Under the applicable provision "the Director-General clearly has discretionary power to determine whether the continued employment of a staff member is contrary to the interests of the organization or not; it follows that any decision taken under [the applicable provision] does not come within the Tribunal's power of review unless" [...]; the Tribunal may not substitute its own judgment for that of the Director-General in regard to the work or conduct of the person concerned or his suitability for international service.
Keywords:
discretion; fitness for international civil service; judicial review; organisation's interest; qualifications; termination of employment; work appraisal;
Consideration 1
Extract:
The organization contends that the present complaint has become irrelevant because of the termination of the complainant's employment after the filing of the complaint. "But the legality of the decision to terminate, which is also attacked in a complaint before the Administrative Tribunal, depends on the disposal of the present complaint. Moreover, if the present complaint were held to be well founded, the complainant could claim damages even if her complaint concerning termination were to be dismissed."
Keywords:
cause of action; competence of tribunal; complaint; judicial review; receivability of the complaint; separation from service; termination of employment;
Judgment 121
20th Session, 1968
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The renewal or non-renewal of a contract of employment is a matter within the discretion of the Director-General. Accordingly the Tribunal will not interfere with his decision unless it [...]. The Tribunal may not substitute its own judgment for that of the Director-General in regard to the work or conduct or qualifications of the person concerned."
Keywords:
conduct; contract; discretion; fixed-term; judicial review; non-renewal of contract; work appraisal;
Judgment 118
19th Session, 1968
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3(B)
Extract:
"When issuing a certificate under the terms of [the applicable provision], the Director-General makes an assessment of the performance of the person concerned which is not open to discussion before the Administrative Tribunal; the Tribunal can only check whether all the particulars specified in the aforesaid [provision] have been supplied, and ascertain that the assessment made by the competent authority is not based on materially incorrect facts or on obviously wrong conclusions drawn from the evidence in the dossier."
Keywords:
certificate of service; discretion; formal requirements; judicial review; work appraisal;
Judgment 116
19th Session, 1968
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
On the occasion of the partial renewals of her contracts, the complainant was advised to improve her performance. In concluding that the complainant's performance was still unsatisfactory and that her appointment should not be extended beyond the date of expiry, the Director-General gave a ruling which exhibits none of the flaws which may cause the Tribunal to interfere with such a decision. It has not, in particular, been established that the critical observations made of the complainant's work were based on materially incorrect facts.
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract; unsatisfactory service;
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