Grounds (34,-666)
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Keywords: Grounds
Total judgments found: 201
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Judgment 149
23rd Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The appeals body which heard the persons closely concerned with the appeal, found that the increase had been withheld out of personal prejudice. Under the applicable provision, the body was competent "to find the existence of prejudice. the Director-General therefore committed an error of law in stating [...] that he could not endorse the recommendation of the Appeals Committee on this point simply on the ground that the committee was not competent to make such a recommendation."
Keywords:
bias; competence; decision; enforcement; executive head; flaw; grounds; increment withheld; internal appeals body; recommendation; refusal; report; salary; step;
Judgment 139
22nd Session, 1969
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"[T]he desire to terminate the contract of an unsatisfactory staff member is not in itself a ground for suppressing his post; that would mean depriving the staff member concerned of the legal remedies to which he is entitled, or at least, by disguising the true reasons for his termination, would make it difficult for him to defend his interests. If, however, the result of a suppression of post is to effect a permanent saving, it is not irregular simply because it also has the effect of removing an official."
Keywords:
abolition of post; budgetary reasons; conduct; grounds;
Judgment 132
21st Session, 1969
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"Whereas the complainant had to be informed beforehand that his transfer was contemplated, since this was a measure affecting him personally and entailing a major change of residence [...] all the circumstances on which the competent authority based its decision were [...] known to the complainant [...] he had commented on them at length [...] his chief had [...] warned him [...] that [...] the existing situation could not but seriously impair the satisfactory operation of the [service]."
Keywords:
duty to inform; grounds; notice; organisation's interest; right to reply; transfer;
Considerations
Extract:
The transfer decision was not based on any specific complaint but "on the need to ensure harmony among the officials [...]. This reason, which because of its very vagueness excludes any suggestion of a disciplinary measure, is in fact one of the reasons justifying transfer in the interests of the organisation in accordance with [the applicable provision]."
Keywords:
grounds; organisation's interest; transfer; working relations;
Judgment 129
21st Session, 1969
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The fact that "inharmonious working relations between the officers concerned in the project were endangering its success, was of itself sufficient, without inquiring into where the fault lay, to support the decision of the Director-General to move the complainant to another assignment."
Keywords:
grounds; organisation's interest; transfer; working relations;
Judgment 122
20th Session, 1968
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
On the substance
Extract:
The complainant was denied appointment to a permanent post because of objections expressed by a Member State aroused by the complainant's refusal to do his military service. The decision was tainted by an error of law; the organisation did not exercise its discretionary power. The decision is quashed and the case is referred back to the organisation "for a new decision to be taken, with reasons stated, on [the] complainant's request, after consideration of all the relevant circumstances of the case, including [the complainant's] professional qualifications [...] and disregarding the fact [...] that he is a persona non grata to one of the States members."
Keywords:
contract; fixed-term; flaw; grounds; member state; military service; non-renewal of contract; permanent appointment; persona non grata; refusal; titularization;
Considerations
Extract:
The decision not to renew his contract was notified to the complainant on 6 March and again on 15 June following his request for a review. On 25 June the complainant addressed a request to the organisation based on new arguments and directed to securing reconsideration of his case. Following this request the Director-General communicated to the complainant on 14 August a decision definitely confirming the previous decision, but in part on new grounds. The time limit for the filing of the complaint began to run only from the date of the notification of the decision of 14 August.
Keywords:
amendment to the rules; complaint; confirmatory decision; contract; date; date of notification; decision; fixed-term; grounds; non-renewal of contract; receivability of the complaint; start of time limit; time limit;
Judgment 110
17th Session, 1967
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"Neither the fact that two of the judges that sat in the case [...] disposed of by Judgment No. 70 have been called upon to hear a further case brought by the same complainant, nor the fact that one of these judges is of Swiss nationality and sits on the Supreme Court of his own country, can in itself be regarded as valid grounds for objection to these judges."
Reference(s)
ILOAT Judgment(s): 70
Keywords:
composition of the internal appeals body; grounds; recusal; tribunal;
Judgment 105
17th Session, 1967
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Vide Judgment 110, consideration 1.
Reference(s)
ILOAT Judgment(s): 110
Keywords:
composition of the internal appeals body; grounds; recusal; tribunal;
Judgment 102
17th Session, 1967
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Vide Judgment 110, consideration 1.
Reference(s)
ILOAT Judgment(s): 110
Keywords:
composition of the tribunal; grounds; objection to the composition of the tribunal; recusal; tribunal;
Judgment 101
17th Session, 1967
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
See Judgment 110, consideration 1.
Reference(s)
ILOAT Judgment(s): 110
Keywords:
composition of the internal appeals body; grounds; recusal; tribunal;
Judgment 100
17th Session, 1967
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Vide Judgment 110, consideration 1.
Reference(s)
ILOAT Judgment(s): 110
Keywords:
composition of the internal appeals body; grounds; recusal; tribunal;
Judgment 92
16th Session, 1966
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"In transmitting to the complainant only the recommendations of the report, without the reasons stated therein, the organization ignored the official's right to be heard."
Keywords:
disclosure of evidence; grounds; internal appeals body; organisation; refusal; report; right to reply;
Judgment 56
9th Session, 1961
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"A decision not to renew a fixed-term appointment bears no relation to disciplinary sanctions which an official may have incurred. It is precluded neither by imposition of, nor by the failure to impose, such sanctions. To hold as justified the decision complained of, therefore, it suffices to show that the organization had proper reasons for dispensing with the services of complainant on expiry of her contract." The organization was not bound to resort to the disciplinary procedure.
Keywords:
contract; fixed-term; grounds; judicial review; non-renewal of contract; organisation's duties;
Judgment 32
7th Session, 1958
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The Director-General's recognised right to grant or refuse an indeterminate appointment under [the applicable] Staff Regulation is sovereign and [...] it is not for the Tribunal to seek for or judge his reasons for so doing."
Keywords:
contract; discretion; grounds; judicial review; offer; permanent appointment; refusal;
Judgment 27
6th Session, 1957
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The only fault which can be attributed to the organisation is that it did not establish [...] clearly and precisely [the responsibility of the complainant in certain incidents] but left open to grave doubt the reasons which motivated the failure to re-engage the complainant [...]. The complainant should therefore be awarded an indemnity in compensation for the moral prejudice resulting from the equivocal explanation given of the failure to re-engage her, for which prejudice the award of a sum of US $1,000 will give her full relief."
Keywords:
amount; contract; fixed-term; grounds; injury; material damages; moral injury; non-renewal of contract; professional injury;
Judgment 23
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration (D)
Extract:
"The grounds adduced [for the dismissal] are [...] the duty of officials 'to conduct themselves at all times in a manner befitting their status as international civil servants', 'to bear in mind the reserve and tact incumbent upon them by reason of their international status' and at no time to lose sight of the interests of the international organisation for which they serve."
Keywords:
conduct; duty of discretion; fitness for international civil service; grounds; staff member's duties; termination of employment;
Judgment 21
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
On the substance (A)
Extract:
"Any unmotivated decision would not be subject to the general legal review which is vested in the Tribunal, and would be liable to become arbitrary."
At issue is the non-renewal of a fixed-term contract.
Keywords:
contract; duty to substantiate decision; fixed-term; grounds; judicial review; non-renewal of contract;
Judgment 19
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration (A)
Extract:
Vide Judgment 21, consideration (a).
Reference(s)
ILOAT Judgment(s): 21
Keywords:
contract; duty to substantiate decision; fixed-term; grounds; judicial review; non-renewal of contract;
Judgment 18
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration (A)
Extract:
Vide Judgment 21, consideration (a).
Reference(s)
ILOAT Judgment(s): 21
Keywords:
contract; duty to substantiate decision; fixed-term; grounds; judicial review; non-renewal of contract;
Judgment 17
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
On the substance (A)
Extract:
Vide Judgment 21, consideration a.
Reference(s)
ILOAT Judgment(s): 21
Keywords:
contract; duty to substantiate decision; fixed-term; grounds; judicial review; non-renewal of contract;
Judgment 13
4th Session, 1954
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Director-General based his decision on the provision empowering him to dismiss at any time a probationer whose services are deemed unsatisfactory on condition that the reasons for the decision be given in writing. The internal appeals body believed that the provision on the interests of the organization afforded a further possible justification for the measure. The director confirmed the decision. "At that stage [...] a change of grounds would have vitiated the procedure".
Keywords:
amendment to the rules; discretion; duty to substantiate decision; enforcement; flaw; grounds; organisation's interest; probationary period; procedural flaw; staff regulations and rules; termination of employment; unsatisfactory service;
Considerations
Extract:
"The discretionary power of the Director-General in this matter cannot be exercised for reasons not clearly specified [...] He cannot invoke one reason for exercising his powers when in reality his action is based on another reason since this would constitute misuse of power likely to lead to rescission of the decision."
Keywords:
abuse of power; discretion; grounds; misuse of authority; probationary period; termination of employment;
Considerations
Extract:
"The Administrative Tribunal of the United Nations, in its Judgement No. 4, stated 'that, while it is not for the Tribunal to substitute its judgment for that of the Secretary-General with respect to the adequacy of the grounds for termination stated, it is for the Tribunal to ascertain that an affirmative finding of cause which constitutes reasonable grounds for termination has been made, and that due process has been accorded in arriving at such an affirmative finding'."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 2, OF THE STATUTE
ILOAT Judgment(s): 4
Keywords:
grounds; judicial review; probationary period; termination of employment;
On the substance
Extract:
The organization refused to disclose a document which directly concerned the complainant. "In consequence, it is the duty of the Tribunal to consider as established the fact that the decision [to dismiss the complainant] is not really based on the grounds of unsatisfactory service but on personal considerations extraneous to such grounds [...]. It therefore constitutes an act of misuse of power and must be rescinded."
Keywords:
abuse of power; bias; disclosure of evidence; grounds; misuse of authority; organisation; presumption; probationary period; refusal; termination of employment;
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