Limits (550,-666)

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Keywords: Limits
Total judgments found: 168

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• Judgment 1265

  
  75th Session, 1993
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 26 and 29

  Extract:

  The organization, a member of the "common system" administered by the ICSC, revised the salaries of staff in the general service category in keeping with a scale drawn up by the ICSC for organisations whose headquarters are in Geneva. The complainants submit that the ICSC's decisions are invalid. "The Tribunal may not interfere in the exercise of [the organization's] discretion or in the drafting of the salary policy it is based on. But it does have a power of review in this area which is clearly defined [...] the Tribunal has, like other international and national administrative tribunals, set criteria for what may be termed 'external' or 'marginal' review of discretionary decisions, and [...] they were set out in detail in Judgment 1000, under 12."

  Reference(s)

  ILOAT Judgment(s): 1000
  

  Keywords:

  adjustment; case law; compensation; criteria; discretion; general service category; icsc decision; judicial review; limits; municipal court; reckoning; salary; scale;
  

  Considerations 26 and 28

  Extract:

  The organization, a member of the "common system" administered by the ICSC, revised the salaries of staff in the general service category in keeping with a scale drawn up by the ICSC for organisations whose headquarters are in Geneva. The complainants submit that the ICSC's decisions are invalid. "The Tribunal may not interfere in the exercise of such discretion or in the drafting of the salary policy it is based on. But it does have a power of review in this area which is clearly defined [...] there are specific [factors] that in this comparative sort of exercise must be taken in isolation from the rest and subject to critical evaluation. Judgment 1000 [...] illustrates how such a procedure may yield notable results. In this case the information provided by the Commission shows that it is quite possible to isolate the factor at issue and even to put exact figures on the effects they have on the salary scale."

  Reference(s)

  ILOAT Judgment(s): 1000
  

  Keywords:

  adjustment; case law; criteria; discretion; general service category; icsc decision; judicial review; limits; local status; reckoning; salary; scale;
  

  Considerations 26-27

  Extract:

  The organization, a member of the "common system" administered by the ICSC, revised the salaries of staff in the general service category in keeping with a scale drawn up by the ICSC for organisations whose headquarters are in Geneva. The complainants submit that the ICSC's decisions are invalid. "[T]he Tribunal may not interfere in the exercise of such discretion or in the drafting of the salary policy it is based on. But it does have a power of review in this area which is clearly defined [...] it will consider in the event of dispute whether the Commission's methodology has been properly observed. The methodology is an important factor in ensuring that the results are stable, foreseeable and clearly understood. And though the Commission is free to choose its methods, once it has chosen them the staff may expect them to be followed in all circumstances."

  Keywords:

  adjustment; criteria; discretion; general service category; icsc decision; judicial review; limits; local status; patere legem; reckoning; salary; scale; staff member's interest;
  

  
  
  

• Judgment 1249

  
  74th Session, 1993
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  WHO put an end to the complainant's appointment on the grounds that the authorities of his country were unwilling to release him any longer. "The Director-General took himself to be bound by the attitude of the government of the Soviet Union. In doing so, he mistook the limits of his own discretion. As was held in Judgment 15 [...] among others, he must in exercising that discretion observe the general principles that govern the international civil service and safeguard the independence of organisation and official alike. The Director-General has committed a mistake of law."

  Reference(s)

  ILOAT Judgment(s): 15
  

  Keywords:

  case law; complainant; contract; decision; discretion; executive head; extension of contract; fixed-term; independence; international civil service principles; limits; member state; nationality; non-renewal of contract; official; organisation; secondment;
  

  
  
  

• Judgment 1238

  
  74th Session, 1993
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  The Tribunal ordered the complainant's reinstatement in Judgment 999. But the Director-General decided that reinstatement was not in the interest of the organization and awarded him compensation. "To condemn someone to unemployment on account of a single negligent act unaccompanied by improper intention, and in circumstances that do not justify loss of confidence by the employer, is to demand a humanly impossible standard of performance by the employee and makes the right to reinstatement illusory."

  Reference(s)

  ILOAT Judgment(s): 999
  

  Keywords:

  complainant; discretion; good faith; limits; negligence; organisation; organisation's interest; proportionality; refusal; reinstatement; right; termination of employment;
  

  Consideration 5

  Extract:

  "In the circumstances the refusal of reinstatement is not justified, and the fact that dismissal occurred over five years ago does not stand in the way of reinstatement, especially since the complainant was not responsible for any of the delay. He is accordingly entitled to reinstatement."

  Keywords:

  date; discretion; limits; mistake of fact; organisation's interest; refusal; reinstatement; right; termination of employment;
  

  Consideration 4

  Extract:

  "Even if the Director-General has discretion to refuse reinstatement 'in the interest of the organization' he must exercise it fairly and reasonably after considering all the material facts. Here the facts were that the complainant had throughout had irreproachable appraisal reports. [...] Despite surveillance, without his knowledge, for six months prior to [the incident that led to his dismissal] no wrongdoing, negligence or irregularity on his part was discovered. [...] The Director-General has failed to take into consideration the above material facts and has erred in treating the complainant as guilty of a 'cover-up'. The refusal of reinstatement was thus not a proper exercise of whatever discretion he had in the matter."

  Keywords:

  complainant; discretion; disregard of essential fact; flaw; limits; mistake of fact; negligence; organisation; organisation's interest; performance report; refusal; reinstatement; right; termination of employment;
  

  
  
  

• Judgment 1235

  
  74th Session, 1993
  Universal Postal Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "Although the Director-General is not of course bound to appoint the candidate the Committee puts first and has discretion in making the choice, the reasons for his decision must be stated so that the Tribunal may properly exercise its power of review."

  Keywords:

  appointment; candidate; competition; discretion; duty to substantiate decision; judicial review; limits; organisation's duties; promotion board; purpose;
  

  
  
  

• Judgment 1234

  
  74th Session, 1993
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 19

  Extract:

  The complainant, an official at grade D.2, was moved twice in 18 months but given no explanation for the moves. His second transfer was to a post at a lower grade, some distance from headquarters and in a field he had never worked in. "Although the Director-General will ordinarily be treated as the best judge of what the organization's interests are and the Tribunal will not ordinarily interfere in his assessment of them, nevertheless it will do so in this case. It is quite inadequate to plead that the decision to transfer the complainant was 'in the interests of the organization'. The basis for reaching that conclusion must be made clear so that the Tribunal may exercise its power of review and determine whether there exists any of the grounds for setting aside a discretionary decision of that kind."

  Keywords:

  discretion; downgrading; duty to substantiate decision; grade; judicial review; limits; organisation's duties; organisation's interest; post; transfer;
  

  
  
  

• Judgment 1226

  
  74th Session, 1993
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 3, 7 and 8

  Extract:

  The complainants challenge decisions by the Director-General confirming the abolition of free after-service medical cover. They allege breach of acquired rights and contend that the FAO's financial position did not warrant such measures. "The Tribunal will not compare the options open to the FAO in the area of financial policy since it might ignore the realities that the FAO has to take into account. All the Tribunal need do is acknowledge that it was because of the financial plight of the scheme and its own that the organization decided to do away with free coverage for pensioners. The change does cause the complainants detriment. [...] But that alone does not amount to breach of any acquired right. First, the effect of the change was to put all fao pensioners on a par. [...] Secondly, there were transitional measures to lighten the impact of the change [...]. Since the change was made by way of rules, and because of the reasons for it, the complainants have suffered no breach of any acquired right despite the injury to their interests."

  Keywords:

  acquired right; amendment to the rules; budgetary reasons; discretion; grounds; health insurance; insurance; judicial review; limits; medical expenses; organisation's interest; social benefits; staff regulations and rules;
  

  
  
  

• Judgment 1223

  
  74th Session, 1993
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 20

  Extract:

  "True, a staff member may not assert any right to promotion and the choice of the successful applicant is at the discretion of the administration, which alone may appraise the organisation's interests. Yet the exercise of discretion is subject to restrictions in law and the Tribunal will to that extent review the decision: see for example Judgment 1016 [...]. So the staff member has undeniably the right to file an internal appeal or a complaint with the Tribunal if he believes that the appointment to a vacancy he has applied for is improper."

  Reference(s)

  ILOAT Judgment(s): 1016
  

  Keywords:

  appointment; candidate; case law; cause of action; competition; complaint; discretion; internal candidate; judicial review; limits; organisation's interest; promotion; receivability of the complaint; refusal; right; vacancy notice;
  

  
  
  

• Judgment 1175

  
  73rd Session, 1992
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  "As the case law makes plain - for example, judgments 736 [...] and 1161 [...] - a decision not to confirm a probationer's appointment is a matter of discretion for the President. Although the Tribunal may review the lawfulness of dismissal of a probationer, the nature of the decision is such that its power of review is limited. It will set aside the decision only if there was a mistake of fact or law, or a formal or procedural flaw, or if some essential fact was overlooked, or if a clearly mistaken conclusion was drawn from the evidence, or if there was abuse of authority."

  Reference(s)

  ILOAT Judgment(s): 736, 1161
  

  Keywords:

  abuse of power; case law; contract; discretion; disregard of essential fact; flaw; formal flaw; grounds; judicial review; limits; mistake of fact; mistaken conclusion; misuse of authority; probationary period; procedural flaw; termination of employment;
  

  
  
  

• Judgment 1152

  
  72nd Session, 1992
  Pan American Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  "As [the Tribunal] has said many times, grading requires close familiarity with the conditions in which the staff member works. [...] The decision is, in other words, a discretionary one. [...] Consistent precedent has it that the Tribunal will not substitute its own assessment or direct that a new one be made unless it is satisfied on the evidence that there is a fatal flaw".

  Keywords:

  discretion; judicial review; limits; post; post classification;
  

  
  
  

• Judgment 1148

  
  72nd Session, 1992
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 20

  Extract:

  The complainant objects to the Sickness Fund's refusal to refund the costs of a given item. "Eurocontrol has [...] discretion under Article 24, which empowers the fund to refuse refund of the costs of treatment which the medical officer deems to be 'non-functional, superfluous or unnecessary'. As was said in Judgment 1088, [article] 24 covers all sorts of 'treatments', however the term 'pharmaceutical product' in [article] 14 is to be construed."

  Reference(s)

  Organization rules reference: ARTICLES 14 AND 24 OF RULE 10
  ILOAT Judgment(s): 1088
  

  Keywords:

  definition; discretion; health insurance; insurance; limits; medical consultant; medical expenses; refund; refusal;
  

  
  
  

• Judgment 1128

  
  71st Session, 1991
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  As stated in Judgment 675, "an international organisation is under an obligation to consider whether or not it is in its interests to renew a contract and to make a decision accordingly: though such a decision is discretionary, it may not 'be arbitrary or irrational'; there 'must be a good reason for it and the reason must be given'."

  Reference(s)

  ILOAT Judgment(s): 675
  

  Keywords:

  contract; discretion; duty to substantiate decision; fixed-term; grounds; limits; non-renewal of contract; organisation's duties; organisation's interest;
  

  
  
  

• Judgment 1077

  
  70th Session, 1991
  Pan American Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "A decision by an international organisation to make an appointment is a discretionary one and is therefore subject only to limited review. It may be quashed only if it was taken without authority [etc]. The Tribunal will, in cases like the present, exercise its power of review with special caution, its function being not to judge the candidates on merit but to allow the Selection Committee and the executive head full responsibility for their choice."

  Keywords:

  appointment; competition; discretion; judicial review; limits;
  

  
  
  

• Judgment 1067

  
  70th Session, 1991
  Pan American Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  "The grading of a post depends on evaluation of the work done and the degree of responsibility it involves. The evaluation must be done by those who by training and experience are able to apply the relevant technical criteria, and the Tribunal will interfere with a decision based thereon only where the organisation is shown to have applied wrong principles or drawn illogical conclusions."

  Keywords:

  criteria; discretion; judicial review; limits; post classification;
  

  
  
  

• Judgment 994

  
  68th Session, 1990
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 10, Summary

  Extract:

  The Tribunal will only set aside a decision to the extent of the complainant's claims for relief.

  Keywords:

  claim; competence of tribunal; limits;
  

  
  
  

• Judgment 986

  
  67th Session, 1989
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 22

  Extract:

  "A decision taken after the one impugned may, if more favourable, repeal it with retroactive effect, the decision- maker being empowered to withdraw the earlier decision so long as he does not thereby offend against the rights of any third party. The withdrawal may be likened to reversal, and if there happens to be an appeal pending there will be no cause of action."

  Keywords:

  acquired right; consequence; limits; settlement out of court; withdrawal of decision;
  

  
  
  

• Judgment 968

  
  66th Session, 1989
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  "The attribution of duties to a staff member, the nature of the duties to be carried out and the grading of posts are matters that the Director-General decides at discretion. The Tribunal will not interfere with such a decision unless it was taken without authority [etc]".

  Keywords:

  assignment; discretion; judicial review; limits; post classification; post description;
  

  
  
  

• Judgment 946

  
  65th Session, 1988
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 9

  Extract:

  "The need for savings affords no proper excuse for breach of the principles that protect the staff against arbitrary decision-making."

  Keywords:

  abolition of post; budgetary reasons; contract; discretion; fixed-term; limits; non-renewal of contract;
  

  
  
  

• Judgment 929

  
  65th Session, 1988
  European Organization for Nuclear Research
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  "The grading of a post depends on evaluation of the work done and the degree of responsibility involved. Such evaluation must be done by those who by training and experience are able to apply the relevant technical criteria, and the Tribunal will interfere only if the organization is shown to have applied the wrong principles or drawn illogical conclusions."

  Keywords:

  discretion; judicial review; limits; post classification;
  

  
  
  

• Judgment 911

  
  64th Session, 1988
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  "According to precedent, a staff association enjoys special rights that include broad freedom of speech and the right to take to task the administration of the organisation whose employees it represents. Like any other freedom, however, freedom of speech has its bounds. A staff association may not resort in public to action that impairs the dignity of the international civil service, save that the degree of discretion required of it is not as great as is expected of an individual staff member: both law and practice allow it wider freedom of speech and only gross abuse will be inadmissible."

  Keywords:

  collective rights; duty of discretion; freedom of association; freedom of speech; limits; staff member's duties;
  

  
  
  

• Judgment 851

  
  63rd Session, 1987
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 22-23

  Extract:

  Circular 144 limits total reckonable experience to twelve years. The purpose of this provision is "to deter late-comers and those who would otherwise hamper the advancement of others who have preferred to spend most of their career in the EPO. [This limit] reflects a reasonable policy on recruitment and career development."

  Reference(s)

  Organization rules reference: CIRCULAR 144
  
  

  Keywords:

  administrative instruction; career; limits; organisation's interest; professional experience; purpose; reckoning; seniority; terms of appointment;
  

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