Abuse of power (927,-666)

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Keywords: Abuse of power
Total judgments found: 161

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• Judgment 1436

  
  79th Session, 1995
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  "As was said for example in Judgment 1223, the Tribunal will not interfere with comparison of candidates in a competition. Only when it appears that the choice rests on a mistake of fact or law or that there has probably been misuse of authority will the Tribunal order the defendant to produce further evidence so that it may review such comparison."

  Reference(s)

  ILOAT Judgment(s): 1223
  

  Keywords:

  abuse of power; burden of proof; candidate; case law; competition; due process; evidence; further submissions; judicial review; mistake of fact; misuse of authority; presumption of innocence; qualifications; selection procedure;
  

  
  
  

• Judgment 1392

  
  78th Session, 1995
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 35

  Extract:

  "There will be misuse of authority where the administration exercises it for some purpose other than those prescribed by law or, to put it more broadly, those that the general interest requires. A staff member who pleads misuse of authority, and the Tribunal that allows the plea, must be able to identify the improper purposes for which the authority [...] has been exercised."

  Keywords:

  abuse of power; burden of proof; definition; evidence; misuse of authority;
  

  
  
  

• Judgment 1391

  
  78th Session, 1995
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  "Decisions taken by the organisation are subject to review on grounds such as bias, bad faith, malice and abuse of authority. When seeking to defend his interests by impugning any such decision, an employee is entitled to allege and attempt to establish such grounds. A fair decision cannot be reached upon such matters by an internal appeals body or by this Tribunal if witnesses, parties and their representatives are unable to speak candidly and without the risk of incurring a penalty for what they may say, and especially if one party is unduly inhibited by the fear that failure to prove his case my make him liable to disciplinary action by the other party."

  Keywords:

  abuse of power; bias; burden of proof; complainant; complaint; disciplinary measure; evidence; freedom of speech; internal appeal; internal appeals body; judicial review; misuse of authority; submissions; testimony; tribunal;
  

  
  
  

• Judgment 1376

  
  77th Session, 1994
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 19

  Extract:

  "Any organisation that is serious about deterring sexual harassment and consequential abuse of authority by a superior officer must be seen to take proper action. In particular victims of such behaviour must feel confident that it will take their allegations seriously and not let them be victimised on that account. In this case the WHO has utterly failed to protect the complainant's rights."

  Keywords:

  abuse of power; bias; breach; misuse of authority; moral injury; negligence; organisation's duties; right to reply; sexual harassment; staff member's interest; supervisor;
  

  
  
  

• Judgment 1352

  
  77th Session, 1994
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 15

  Extract:

  The complainant, who was dismissed at the end of probation, alleges that his supervisor's recommendation for extension of his probation was an abuse of authority "because it was not based on any adverse comment". The Tribunal holds that "he clearly thought that the complainant had not proved himself and required more time. His recommendation was no abuse of authority."

  Keywords:

  abuse of power; extension of contract; lack of injury; misuse of authority; probationary period; supervisor; termination of employment;
  

  
  
  

• Judgment 1324

  
  76th Session, 1994
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  See Judgment 525, consideration 4.

  Reference(s)

  ILOAT Judgment(s): 525
  

  Keywords:

  abuse of power; amendment to the rules; decision-maker; discretion; disregard of essential fact; exception; executive head; formal flaw; home; home leave; judicial review; mistake of fact; mistaken conclusion; misuse of authority; procedural flaw;
  

  
  
  

• Judgment 1317

  
  76th Session, 1994
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 24

  Extract:

  Several recent rulings [...] sharply define the ambit of such review in line with the case law affirmed from the outset: see Judgments 956 [...] under 2 and 3; 1262 [...] under 4; and 1273 [...] under 8.

  Reference(s)

  ILOAT Judgment(s): 956, 1262, 1273
  

  Keywords:

  abuse of power; case law; contract; decision; discretion; due process; duty to substantiate decision; fixed-term; flaw; formal flaw; judicial review; mistake of fact; misuse of authority; non-renewal of contract; notice; organisation's interest; procedural flaw; right to reply;
  

  
  
  

• Judgment 1315

  
  76th Session, 1994
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 11

  Extract:

  The Tribunal quashes the results of a competition because the appointment procedure was tainted with bias. This entails the quashing of the appointment of an external candidate. "The Tribunal expects that the President will take such measures as will ensure that [the external candidate], who accepted the [appointment] in good faith, suffers no material injury."

  Keywords:

  abuse of power; appointment; bias; competition; competition cancelled; flaw; good faith; misuse of authority; open competition; organisation's duties;
  

  
  
  

• Judgment 1281

  
  75th Session, 1993
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  "According to the case law the grading of posts is a matter within the discretion of the executive head of an international organisation. So the Tribunal will not interfere with the decision impugned in this case unless it was taken without authority or shows some procedural or formal flaw or a mistake of fact or of law, or overlooks some material fact, or is an abuse of authority, or draws a clearly mistaken conclusion from the facts. Moreover, the Tribunal will not substitute its own assessment of the facts for the Secretary-General's."

  Keywords:

  abuse of power; case law; competence; decision-maker; discretion; disregard of essential fact; executive head; flaw; formal flaw; judicial review; limits; mistake of fact; mistaken conclusion; misuse of authority; post classification; procedural flaw;
  

  
  
  

• Judgment 1273

  
  75th Session, 1993
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  "A decision not to renew an appointment, though discretionary, must be taken for proper reasons that are notified to the staff member. It will be unlawful if it was not taken by the competent authority and in line with the set rules of procedure, if there was a mistake of law or of fact or abuse of authority, or if some clearly mistaken conclusion was drawn from the evidence."

  Keywords:

  abuse of power; competence; contract; decision; decision-maker; discretion; due process; duty to substantiate decision; judicial review; limits; mistake of fact; mistaken conclusion; misuse of authority; non-renewal of contract; organisation's duties;
  

  
  
  

• Judgment 1262

  
  75th Session, 1993
  European Southern Observatory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "The case law has made it consistently plain that a decision not to renew a fixed-term appointment, being discretionary, may be set aside only if it was taken without authority, or in breach of a rule of form or of procedure, or was based on a mistake of fact or of law, or if some essential fact was overlooked, or if clearly mistaken conclusions were drawn from the facts, or if there was abuse of authority. Moreover, when the reason given for non-renewal is unsatisfactory performance, the Tribunal will not replace the organisation's assessment of the complainant's fitness for his duties with its own."

  Keywords:

  abuse of power; case law; contract; decision; discretion; disregard of essential fact; fixed-term; flaw; formal flaw; grounds; judicial review; mistake of fact; mistaken conclusion; misuse of authority; non-renewal of contract; procedural flaw; qualifications; unsatisfactory service;
  

  
  
  

• Judgment 1246

  
  74th Session, 1993
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "As the Tribunal has held on several occasions, for example in Judgment 1183, a decision by the Director-General not to confirm the appointment of a probationer 'is a discretionary one. Its power of review being limited, the Tribunal will set the decision aside only if it finds a mistake of fact or of law, or a formal or procedural flaw, or a clearly mistaken conclusion on the evidence, or neglect of an essential fact or abuse of authority.'"

  Reference(s)

  ILOAT Judgment(s): 1183
  

  Keywords:

  abuse of power; case law; decision; discretion; disregard of essential fact; extension of contract; flaw; formal flaw; judicial review; mistake of fact; mistaken conclusion; misuse of authority; probationary period; procedural flaw; refusal;
  

  
  
  

• Judgment 1233

  
  74th Session, 1993
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 10

  Extract:

  "At the time of her dismissal for reasons of health under Staff Regulation 9.1 she was no longer able to carry out her duties and therefore met the conditions in that Regulation. The organization [...] afforded her all the safeguards international civil servants are entitled to. So there was no abuse of authority."

  Reference(s)

  Organization rules reference: UNESCO STAFF REGULATION 9.1
  
  

  Keywords:

  abuse of power; decision; health reasons; incapacity; medical fitness; misuse of authority; right to reply; staff regulations and rules; termination of employment; termination of employment for health reasons;
  

  
  
  

• Judgment 1231

  
  74th Session, 1993
  International Criminal Police Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 26

  Extract:

  As the Tribunal has often held "there must be objective grounds for abolition, which must not be used as a pretext for dislodging undesirable staff: see Judgments 334 [...], under 5; 523 [...], under 5; 756 [...], under 2; and 807 [...], under 16 and 17."

  Reference(s)

  ILOAT Judgment(s): 334, 523, 756, 807
  

  Keywords:

  abolition of post; abuse of power; case law; misuse of authority; organisation's duties; purpose; termination of employment;
  

  Considerations 31 to 33

  Extract:

  A new post to which the complainant had been assigned was then abolished. The facts "lend weight to the complainant's view that 'shunting' him - as he puts it - into an empty administrative post was just a start to removing him. What bears out the foregoing is that apart from the broad allusion to 'interests' the impugned decisions disclose no consistent idea of reform warranting the creation of the post [in question] in 1989 or the abolition of it in 1991. There is no discerning in what happened anything but a series of makeshift measures taken - at heavy cost to the organization's coffers - to dispose of the case of an official Interpol wanted to discharge in disregard of due forms and process. To that extent there is a parallel in law with a case the Tribunal deplored in Judgment 807 [...]."

  Reference(s)

  ILOAT Judgment(s): 807
  

  Keywords:

  abolition of post; abuse of power; case law; creation of post; judicial review; misuse of authority; organisation's interest; post held by the complainant; refusal to assign work;
  

  Consideration 29

  Extract:

  The complainant requests the quashing of the organization's decision to terminate him and abolish his post. The Tribunal recalling - notably in Judgments 269 and 1207 - that it may exercise its power of review the conditions under which a post may be abolished and the subsequent consequences for the incumbent, determined that "the complainant's post was plainly created and abolished for no objective reasons, the sole purpose being to sort out the case of someone the organization was finding harder and harder to keep on because his presence had made for trouble."

  Reference(s)

  ILOAT Judgment(s): 269, 1207
  

  Keywords:

  abolition of post; abuse of power; case law; decision; misuse of authority; termination of employment; working relations;
  

  
  
  

• Judgment 1221

  
  74th Session, 1993
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  The complainant seeks the quashing of an unfavourable assessment of her performance. "The assessment of her shows neither any mistake nor abuse of authority. [...] Since she has shown no significant mistake in [her generally negative] assessment and since the Tribunal exercises only a limited power of review over administrative decisions of that kind, her claims under this head must fail."

  Keywords:

  abuse of power; judicial review; mistake of fact; misuse of authority; performance report; rating; report;
  

  
  
  

• 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 1161

  
  72nd Session, 1992
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "As the case law makes plain - for example, Judgments 687 [...] and 736 [...] - a decision not to confirm a probationer's appointment is a matter of discretion for the [executive head] and the Tribunal will not substitute its own judgment for the organisation's in matters that require such exercise of discretion. 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): 687, 736
  

  Keywords:

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

  
  
  

• Judgment 1129

  
  71st Session, 1991
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  "There will indeed be misuse of authority where an administration acts for reasons that are extraneous to the organisation's best interests and seeks some objective other than those which the authority vested in it is intended to serve." There is no evidence that the organization, which followed the prescribed procedure and did its utmost to find another post for the complainant, dismissed him for reasons other than those linked to the financial crisis it was facing.

  Keywords:

  abolition of post; abuse of power; budgetary reasons; definition; grounds; misuse of authority; organisation's interest; procedure before the tribunal; reassignment; termination of employment;
  

  
  
  

• Judgment 1116

  
  71st Session, 1991
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 6-7, Summary

  Extract:

  The complainant argues that his post was not abolished for reasons of financial stringency. What he alleges prompted his dismissal was a desire to get rid of him, and that led to abuse of authority. He cites as evidence of this UNESCO's extension of his appointments over a five-year span for only very short periods. The Tribunal finds no evidence of liability on UNESCO's part: the organization did its utmost to seek other employment for him.

  Keywords:

  abolition of post; abuse of power; budgetary reasons; lack of evidence; misuse of authority; reassignment; successive contracts; termination of employment;
  

  
  
  

• Judgment 1115

  
  71st Session, 1991
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 6-7

  Extract:

  The complainant wants the Tribunal to set aside two reports which describe his work as unsatisfactory as well as decisions to suspend his salary step increase and not to extend his appointment. He alleges bad faith and abuse of authority on the part of the administration. There is conflicting evidence. "A complainant must discharge the burden of proof and satisfy an internal appeal body or the Tribunal that the balance of probability is that his allegations of fact are true. [...] The Tribunal has [...] considered all the evidence, including a transcript of a recording the complainant secretly made of a conversation with his supervisor. It finds that he has not discharged the burden of proving his allegations".

  Keywords:

  abuse of power; appraisal of evidence; burden of proof; complainant; conduct; contract; evidence; fixed-term; good faith; increment withheld; lack of evidence; misuse of authority; non-renewal of contract; performance report; recording; unsatisfactory service;
  

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