Grounds (34,-666)
You searched for:
Keywords: Grounds
Total judgments found: 201
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 | next >
Judgment 412
44th Session, 1980
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The material provision empowers the Director-General at his discretion to authorise officials to work half-time. "The reasons given for the application should be well founded, but this is not the only [requirement]: [...] the authorisation to work half-time should be fully in the interests of the [organisation]. In other words the Director-General enjoys wide discretion: he will exercise it first and foremost in the light of what the [organisation's] interests demand."
Keywords:
discretion; executive head; grounds; organisation's interest; part-time employment; request by a party;
Judgment 404
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"There was one consideration which alone warranted the non-renewal of [the complainant's] appointment. That was the organisation's straitened financial circumstances [...] which required a reduction in staff. It was no abuse of authority for the Director-General to decide that, of those whose appointment the organisation was considering terminating, the choice should fall on the complainant: she held a fixed-term appointment and had received less satisfactory performance reports than other members of the staff."
Keywords:
budgetary reasons; contract; fixed-term; grounds; non-renewal of contract; staff reduction; unsatisfactory service;
Judgment 397
43rd Session, 1980
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"One purpose of giving reasons for a decision is to enable the staff member to defend his rights before an appeals body."
Keywords:
duty to substantiate decision; grounds; purpose; right to reply;
Judgment 361
41st Session, 1978
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 29
Extract:
"[I]f an unexplained decision is also apparently inexplicable, silence will provide a foundation for an inference that there must have been at work in the decision making some element, such as prejudice or a conclusion falsely drawn, which would require the Tribunal to interfere with the discretion. The Tribunal considers that an unexplained decision to remove the complainant after 12 days from an assignment that was clearly intended to last until the new appointment might well justify such an inference [...]."
Keywords:
assignment; bias; decision; duty to substantiate decision; flaw; grounds;
Considerations 43-44
Extract:
The Director-General's decisions are valid, but not the manner in which they were implemented. The administration could have made it clear that the complainant was a victim of the reorganisation and was not to blame. Its silence made the situation even more distressing. "Accordingly, the claim for compensation for moral damage is allowed. Since money is to be the only form of redress, the amount must be sufficient to mark the gravity of the injury."
Keywords:
decision; grounds; injury; moral injury; professional injury; reorganisation; transfer;
Judgment 339
40th Session, 1978
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 11-12
Extract:
There is nothing to suggest that the organization did not at the time of the contract intend to commit itself. The letter announcing the cancellation did not suggest that there had never been any commitment. The reason given was the financial situation of another body which was said to constitute a case of force majeure [...]. This point has not been pursued. the document constituted a contract for a conditional appointment.
Keywords:
budgetary reasons; condition; contract; force majeure; grounds; intention of parties; offer; offer withdrawn; organisation;
Consideration 15
Extract:
The withdrawal of finance by another body might be shown "as having such a crippling effect on the organization's ability to continue with the contract as to constitute reasonable grounds for its termination. But there is no material in the dossier which would enable the Tribunal to reach any conclusion about the effect of the withdrawal [...]. There is nothing [...] to connect the disapprovals with any financial situation." And there are further reasons for supposing that there may have been other factors to consider.
Keywords:
budgetary reasons; contract; grounds; judicial review; lack of evidence; offer; offer withdrawn;
Judgment 334
40th Session, 1978
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
There is no need to consider the complainant's allegation of bias. "The Tribunal merely observes that the [decision to terminate the complainant for abolition of post] would be tainted with abuse of authority only if there had been no objective grounds for it." In the instant case there were such grounds.
Reference(s)
Organization rules reference: SECTION 9.1 ITU STAFF REGULATIONS AND STAFF RULES
Keywords:
abolition of post; abuse of power; bias; decision; evidence; grounds; lack of evidence; misuse of authority; termination of employment;
Judgment 324
39th Session, 1977
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Use of a computer by an unqualified or unscrupulous person may lead to errors or breaches of confidence. That is why it is important to define exactly the duties of the staff of a body such as the International Computing Centre and require every single employee to show strict respect for the limits of his duties. The complainant was employed as an operator and in exceeding his functions as such failed in a basic duty. In other words, whatever the actual consequences of his conduct may have been, it warranted the decision not to renew his appointment."
Keywords:
contract; fixed-term; grounds; misconduct; non-renewal of contract; staff member's duties;
Judgment 312
38th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[T]he allegedly misleading advice given to the Director-General about the complainant's abilities and qualifications can have played no part in the impugned decision, which was taken for budgetary reasons cogently explained by the organisation in the course of the proceedings."
Keywords:
abolition of post; budgetary reasons; grounds;
Judgment 311
38th Session, 1977
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The transfer decision was a preventive measure because a close dependence of one staff member on another was inadmissible between officials responsible for applying financial control "[T]he decision to transfer [the complainant] was made upon a hypothesis which never in fact matured [...] all the complainant did was, quite correctly, to ask the opinion of his superiors" upon what was a proposal [to open a joint bank account with a colleague] and to drop the matter when they expressed disapproval. "Hence it appears that that decision drew clearly mistaken conclusions from the facts and should therefore be quashed."
Keywords:
flaw; grounds; mistaken conclusion; transfer;
Judgment 310
38th Session, 1977
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"This was a decision which fell within the discretion of the Director-General and therefore the Tribunal's power of review is limited to certain grounds of which the only one here relevant would be an improper motivation. The main reason why the complainant's contract was not renewed was that his superiors considered that he was not the type of person who could work within a team. They may have been right or wrong about this, but a careful study of the dossier does not indicate the existence of any improper motive or of any other ground which could justify the intervention of the Tribunal."
Keywords:
contract; discretion; fixed-term; grounds; judicial review; non-renewal of contract; working relations;
Judgment 306
38th Session, 1977
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"What makes it all the harder to account for such a difference in assessment within the space of ten months is that there is not a single document in the dossier which reveals the true reasons and no particular fact which explains why the assessment of the complainant was so utterly different." The Director-General's representative provided an explanation for the Tribunal. "[T]hat explanation of the impugned decision is belated and amounts to mere allegations which are not borne out by any document in the dossier." The non-renewal is quashed.
Keywords:
different appraisals; flaw; grounds; mistaken conclusion; work appraisal;
Judgment 294
38th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"[A]n officer whose increment was withheld otherwise than on the grounds of unsatisfactory service would be recognised as having cause for complaint. [...] In fact, the increment is simply a way of rewarding seniority and the accumulated experience that goes with it, and the number of an officer's step is simply a convenient way of describing the salary level to which he has attained.
Keywords:
grounds; increment withheld; purpose; salary; step;
Consideration 1
Extract:
According to the definition in the applicable provision, the increase from one step to the next higher step is given "on the basis of satisfactory service during a qualifying period [...]. This definition must be considered in the light of well-established practice [...]. In practice [...] the qualifying period is virtually a fixed period and an officer whose increment was withheld otherwise than on the grounds of unsatisfactory service would be recognised as having cause for complaint."
Keywords:
condition; definition; grounds; increment; increment withheld; satisfactory service;
Judgment 291
38th Session, 1977
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"Supposing that [the] decision were indeed based on action taken by the complainant [...] when he sent his superior a letter couched in highly improper language which could not be tolerated from [a] subordinate, the Tribunal would not be entitled to quash a decision to remove from the staff of the organisation one whose attitude was on several occasions plainly at odds with the basic duties of [an] international official. In any event such an attitude would in law warrant refusing the complainant a further appointment."
Keywords:
conduct; contract; fitness for international civil service; fixed-term; grounds; insubordination; non-renewal of contract;
Judgment 274
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6-7
Extract:
The complainant was reprimanded for her criticisms of two members of the Staff Council, of which she was herself a member. "The organization's case is simply that to cast doubt upon the integrity of another staff member is misconduct. In the opinion of the Tribunal this is too broad a proposition. [...] On a charge of misconduct motive and intent are relevant".
Keywords:
conduct; grounds; judicial review; reprimand; staff representative;
Judgment 251
34th Session, 1975
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"In this case the décision not to extend or convert the complainant's appointment is not tainted with any irregularity which entitles the Tribunal to interfere. That decision is based on the abolition of the complainant's post - made redundant by the installation of three computers - and that is a plausible reason for not extending an appointment which has expired."
Keywords:
abolition of post; contract; fixed-term; grounds; judicial review; non-renewal of contract; reorganisation;
Judgment 207
30th Session, 1973
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations (in fine)
Extract:
"It is true that officials enjoy the protection, among other things, of the rule of equality as between officials within the same category, but this rule does not apply to officials against whom disciplinary action has been or may be taken for different reasons and in different circumstances."
Keywords:
difference; disciplinary measure; equal treatment; grounds; misconduct;
Judgment 194
29th Session, 1972
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant's plea that the impugned decision should be quashed as being based on insufficient grounds succeeds. "[I]t is [...] for the Director-General to reopen the case and to consider, by such means as he may deem appropriate and after giving a hearing to [the complainant], whether the appraisal made by her immediate supervisor was well-founded and whether the non-confirmation of her appointment could legitimately be based on the provisions" cited.
Keywords:
case sent back to organisation; decision quashed; duty to substantiate decision; grounds; judicial review; probationary period; termination of employment; unsatisfactory service;
Judgment 158
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
As tendered by the complainant, his resignation was not in any way conditional. "Although he complains of having received no reply to his complaints and gives the submission of an appeal as the reason for his resignation, he does not indicate that the cessation of his service is intended to continue only for the duration of the appeals procedure." By accepting the complainant's resignation, the Director took a decision which was in no way contrary to the applicable rules.
Keywords:
acceptance; condition; grounds; resignation;
Judgment 154
23rd Session, 1970
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2(D)
Extract:
The demonstrations to which the complainant's arrival had given rise led the organisation to order the complainant's transfer. It is regrettable that before assigning the complainant to his post the organisation should not have satisfied itself that his assignment would raise no difficulties. "However, the complainant could not fail to be aware of the difficulties to which his assignment [...] might give rise, and he cannot therefore properly complain that the organisation lacked information which according to the normal standards of good faith he himself should have supplied."
Keywords:
conduct; duty to inform; good faith; grounds; organisation's duties; organisation's interest; transfer;
Consideration 2(D)
Extract:
The complainant's transfer was motivated by the fact that his political views, as interpreted by the national authorities, could have compromised the success of his mission. "The organisation has rightly adopted a consistent policy whereby it avoids keeping on any staff member in any area where he has become a controversial figure, whatever the merits of the controversy may be, since the activities of international organisations can be effective only if their officials are above all suspicion."
Keywords:
grounds; organisation's interest; persona non grata; political activity; transfer;
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 complainant "was not informed of the Organization's intention to terminate his service nor invited to state his views. It is clear, however, that before the Appeals Committee the complainant was duly informed of the reasons for his termination and that he had an opportunity to discuss them. Accordingly, in the special circumstances of the case, he could not validly allege any violation of the right to a hearing."
Keywords:
grounds; probationary period; right to reply; termination of employment; unsatisfactory service;
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 | next >
|
