Limits (550,-666)
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Keywords: Limits
Total judgments found: 168
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Judgment 809
61st Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
"The Director-General's authority is not absolute and quite plainly he failed in this case to pay due regard to the complainant's qualifications and experience in picking P.5 posts."
Keywords:
assignment; degree; discretion; disregard of essential fact; executive head; grade; limits; professional experience; qualifications;
Judgment 808
61st Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
"The Director-General may assign the staff as the organisation's interests require provided he respects their grades and the grading structure."
Keywords:
assignment; discretion; limits; organisation's interest; transfer;
Judgment 618
53rd Session, 1984
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"As a rule the competent authority may alter or reverse any administrative decision unless it is expressly forbidden to do so and provided that acquired rights are safeguarded." [The complainant challenged the appointment of an official which took place after review of the decision to withdraw the offer of appointment.]
Keywords:
acquired right; amendment to the rules; decision; limits; withdrawal of decision;
Judgment 607
52nd Session, 1984
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
On the matter of renewal, the Director-General has wide discretion, while the Tribunal's power of review is limited. "This relates to questions of substance, but not procedural rules, which are never applicable at discretion. To rule otherwise would increase the risk of dispute. To avoid being time-barred staff members would make a practice of filing claims, although very often the cumbersomeness of administration is wholly to blame for the tardy decision."
Keywords:
contract; discretion; fixed-term; judicial review; limits; non-renewal of contract; procedure before the tribunal;
Judgment 600
52nd Session, 1984
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The question is [...] whether [the complainant] continues to be worth his place in the organisation. If he does, it is prima facie in the interests of the organisation to retain his services; if he does not, it is the Director-General's duty to allow the appointment to terminate. The Director-General must reach an informed and unprejudiced conclusion, but that is all that is required of him."
Keywords:
contract; discretion; fixed-term; limits; non-renewal of contract; organisation's interest; right to reply;
Judgment 591
51st Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The classification of a post depends upon an assessment of the type of work performed and the level of responsibility. It is an assessment which can only be made by persons whose training and experience equip them for the task of evaluating and grading posts. The Tribunal, therefore, will not substitute its own assessment or direct that a new assessment be made unless it is shown that the organization acted in the matter on a wrong principle."
Keywords:
discretion; judicial review; limits; post classification;
Judgment 587
51st Session, 1983
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The general rule is that an administration which has taken a decision may later revoke it provided that it has vested no right. In this instance the organization was therefore quite free to revoke the decision cancelling the complainant's right to benefit as a Fund participant."
Keywords:
acquired right; limits; withdrawal of decision;
Judgment 572
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"While [the system] gives the President a discretionary power [with respect to the calculation of seniority], it is not disputed that the rules themselves and the decisions made thereunder must conform with the principle of equality of treatment."
Keywords:
discretion; equal treatment; limits; professional experience; reckoning; seniority; step;
Judgment 543
50th Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"There are [...] some well established limits to this obligation. Whatever the place of assignment, the post must be one as to which the duties of the post are set out in a post description, are within the capacity of the staff member and are not degrading. A staff member is not obliged to go to a place where she might have to run unacceptable risks of injury or ill health. in certain circumstances it may be the duty of the organization to consult with the staff member and take her views into account." Subject to limitations of this character, the matter falls under the Director's discretionary authority.
Keywords:
assignment; discretion; duty station; duty to inform; limits; post description; special hazard;
Judgment 485
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1(B)
Extract:
The rules provide for the reimbursement of travel expenses of officials when, in the view of the director of personnel, such payment is required to recruit them. The Director of personnel cannot exercise this discretion as he pleases. He must "consider in each case whether or not payment was required in order to recruit, and the exercise of his discretion is subject to review by an administrative as well as by a judicial body."
Keywords:
appointment; discretion; limits; refund; travel expenses;
Judgment 484
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1(B)
Extract:
Vide Judgment 485, consideration 1(b).
Reference(s)
ILOAT Judgment(s): 485
Keywords:
appointment; discretion; limits; refund; travel expenses;
Judgment 483
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2(B)
Extract:
Vide Judgment 485, consideration 1(b).
Reference(s)
ILOAT Judgment(s): 485
Keywords:
appointment; discretion; limits; refund; travel expenses;
Judgment 448
46th Session, 1981
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The Staff Rules provide "that a fixed-term or short-term appointment shall terminate automatically on the completion of the agreed period of service unless it is extended. Construed literally, the Rule means that all that is needed for such an appointment to terminate is that the period of the contract should expire. It does not mean, however, that on the expiry of that period the Organisation is wholly free to continue to employ the staff member or not. PAHO bodies enjoy wide discretion in the matter, but they are not free to decide entirely as they please".
Keywords:
contract; discretion; fixed-term; limits; non-renewal of contract;
Judgment 409
44th Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The principle is not of course that all staff members must be equally treated; this would mean the abolition of grades. The principle is that all staff members in similar circumstances must be similarly treated. When, as here, there is a change in the rules, the circumstances change and the principle does not apply."
Keywords:
amendment to the rules; equal treatment; general principle; limits; provision; staff regulations and rules;
Judgment 363
41st Session, 1978
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"'May' makes it clear that the official whose duty it is to give or with hold approval is to apply his own judgement to the questions. [...] But the use of the word 'may' is quite inadequate to confer on the official a large and unbounded discretion so that, even where the conditions were manifestly fulfilled, he could for any other reason that appealed to him or for no reason given with hold the allowance." [At issue is a provision permitting the extension of installation-allowance payments.]
Keywords:
condition; discretion; extension of contract; installation allowance; limits; period;
Judgment 323
39th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 26
Extract:
"The conception of a legislative enactment, insofar as it applies to matters within the jurisdiction of the Tribunal, means the power to alter unilaterally by general enactment the relationship created by the contract. The Tribunal has recognised this power to the extent that it may affect those terms of the contract which appertain to the structure and functioning of the international civil service and to benefits of an impersonal nature and subject to variation, but not the the extent to which it purports to affect the individual terms and conditions of an official in consideration of which he accepted appointment."
Keywords:
acquired right; amendment to the rules; contract; discretion; judicial review; legislative body; limits; 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:
"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 271
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The organization contends that when reimbursing travel expenses for home leave account must be taken of costs. "These [...] are questions of policy to be solved before the regulation is framed so that the solution can be embodied in the regulation itself. Once framed, the regulation is conclusive on questions of broad principle and personnel policy. [The Director-General's discretionary authority] to apply it only when he is satisfied that the organization is getting its money's worth cannot be derived from its terms."
Keywords:
amount; discretion; enforcement; home leave; limits; organisation's interest; provision; purpose; refund; staff regulations and rules; travel expenses;
Consideration 6
Extract:
"[I]t is permissible for the Director-General to determine that staff members whose home is in the country of their duty station are not eligible, since the visit would not then serve the purpose of maintaining international links. But once it is accepted that, as the Tribunal has held, on its proper construction the regulation provides that eligible members shall be paid the whole cost, it is not permissible for the Director-General to say that in certain circumstances only those members will be eligible who are prepared to pay part of the cost themselves."
Keywords:
amount; condition; dependant; discretion; home leave; limits; rate; refund;
Judgment 269
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Being bound by the scope of the complainant's claims for relief the Tribunal is not required to consider the complainant's allegation of an attempt at bribery. If that allegation were proved the attempt at bribery would be subsequent to the abolition of post and merely a consequence thereof. Hence it cannot properly be relied upon to justify the quashing of the impugned decision and the complainant's reinstatement, the only claims for relief which she has made."
Keywords:
claim; competence of tribunal; complaint; limits; receivability of the complaint; subsequent fact;
Judgment 245
33rd Session, 1974
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The complainant cannot properly take the [organisation] to task for appointing him without informing him of its general practice of not granting fixed-term appointments of more than five years' duration. It may of course be regrettable that he was not informed at the outset of that restriction, as new staff members [...] apparently now are. But since he should have expected his appointment to be terminated [...] he cannot found any claim on the omission which he attributes to [the organisation]."
Keywords:
contract; contributory service; duration of appointment; duty to inform; fixed-term; forfeiture of benefit; limits; negligence; non-renewal of contract; organisation;
Consideration 5
Extract:
"[B]y limiting the period of the complainant's service to five years the Director-General would not have departed from the practice of regarding only appointments of more than five years as permanent."
Keywords:
contract; duration of appointment; fixed-term; limits; permanent appointment; practice;
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