Judicial review (538, 540, 542, 544, 547, 548, 549, 550, 551, 553, 555, 557, 558, 862, 559, 561, 563, 565, 569, 571, 572, 927, 841,-666)
You searched for:
Keywords: Judicial review
Total judgments found: 548
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 | next >
Judgment 535
49th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 5-7
Extract:
There would be abuse of authority if the grounds alleged by the organization to justify the appointment were a pretext; if the organization had appointed an official obviously less well qualified than the complainant; if the organization had shown favouritism to the appointed official at the expense of other candidates. No such charges are borne out by the evidence.
Keywords:
abuse of power; appointment; candidate; judicial review; misuse of authority; vacancy;
Judgment 529
49th Session, 1982
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The assessment of the type of work performed and the level of responsibility is necessarily a value judgement, which can only be done 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 some wrong principle. The Tribunal does not review a decision of this sort unless [...]."
Keywords:
discretion; judicial review; post classification;
Judgment 524
49th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[It is not] in breach of the principle of equality of treatment to demand any particular language qualifications or specialised knowledge for a vacancy. The principle requires equal treatment and absence of discrimination only where the circumstances are similar. Where the very nature of the post to be filled makes special qualifications necessary, it is reasonable and right for the organisation to require that candidates possess them."
Keywords:
appointment; competition; condition; equal treatment; judicial review; knowledge of languages; qualifications; vacancy;
Judgment 521
49th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Board of Appeal expressed the opinion that the educational requirements for the post in question were excessive and tended to restrict staff career opportunities. "The point can be brought within the competence of the Tribunal only if there is an allegation, which in this case there is not, that the imposition of minimum qualifications is a breach of some regulation or rule or of some term of the complainant's contract of employment."
Keywords:
appointment; competence of tribunal; competition; condition; degree; judicial review; qualifications; vacancy;
Judgment 519
49th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant's application for an appointment was eliminated because he did not meet the minimum qualification [a university degree]. "He asserts, which may be right, that the qualifications are higher than those needed for the job", but does not support the allegation. He makes other allegations of procedural irregularities and general prejudice against him, "allegations which it is unnecessary to consider since, so long as the educational qualification stands, the rejection of the complainant was inevitable."
Keywords:
appointment; candidate; competition; condition; degree; judicial review; professional experience; qualifications; vacancy;
Judgment 516
49th Session, 1982
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"Although different views had been expressed about the complainant's professional qualifications, his performance reports and appraisals of his work, it is for the Director-General to take account of such questions, and the Tribunal will not replace the administration's assessment with its own insofar as that assessment is not flawed. The Tribunal may, it is true, determine whether the performance reports have been properly established, but it may not freely pass judgment on the supervisor's evaluations."
Keywords:
different appraisals; discretion; judicial review; work appraisal;
Considerations
Extract:
"The complainant was an honourable and useful official and committed no misconduct. Moreover, the non-renewal was a personal decision taken by the Director-General at his discretion. The same compassionate reasons which warranted retroactive extension of the appointment to 31 July [...] may therefore justify a further and final retroactive extension to 29 August [*] [...] Be that as it may, it is not a matter for the Tribunal to decide."
[*] date based on a medical certificate.
Keywords:
contract; discretion; extension of contract; fixed-term; judicial review; non-renewal of contract; sick leave;
Summary
Extract:
The Tribunal is limited in the extent to which it can assess the legality of a decision not to grant the renewal of a contract. The Tribunal finds none of the defects which it would have competence to redress. There was no abuse of authority, and no essential facts were overlooked; nor were clearly mistaken conclusions drawn from the evidence. The Tribunal noted that a further extension of the appointment for compassionate reasons could be justifiable, but the Tribunal did not take a stand on the matter.
Keywords:
contract; discretion; extension of contract; fixed-term; judicial review; non-renewal of contract;
Judgment 511
49th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant does not argue the merits. "She simply denies all the charges against her, without troubling to discuss them. The Tribunal will not make an investigation which she herself has neither made nor sought. It will take the charges as proved and observe that they justify the impugned decision, which is in any case fully warranted in the light of Judgment No. 512."
Reference(s)
ILOAT Judgment(s): 512
Keywords:
disciplinary measure; judicial review;
Judgment 509
48th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"The Director-General enjoys discretion in the matter, but the Tribunal is still competent to determine whether all the information set out in [the material article] has been supplied. In this case it has not. [...] The certificate should [therefore] be cancelled so that the Director-General may, if the complainant so requests, provide a new and complete one."
Keywords:
certificate of service; discretion; formal requirements; judicial review;
Judgment 503
48th Session, 1982
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The Tribunal is competent to review the lawfulness of a decision by the appointing authority to terminate the probation period. Because of the nature of the decision, however, the Tribunal may merely consider whether - apart from any formal or procedural irregularities - the decision should be quashed because of an error of law or of fact or because essential facts were overlooked or clearly mistaken conclusions drawn from the evidence, or because there was abuse of authority."
Keywords:
discretion; judicial review; probationary period; termination of employment;
Judgment 496
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 37
Extract:
The administration required all communications to and from the staff association to be submitted to it for inspection "on the ground that 'factual information which the staff association conveys needs discussion between the parties when there are doubts on the accuracy of such information'. This has from time immemorial been the standard excuse for censorship; the alleged object is never to suppress the truth but just to make sure that only the truth is told. Freedom of association is destroyed if communication between the members is permitted only under supervision."
Keywords:
freedom of association; freedom of speech; judicial review; staff union;
Summary
Extract:
The Tribunal will not intervene in respect of allegations that by criticising leaders of the staff association and encouraging the formation of other associations the Director infringed the right to freedom of association. The organization is not required to meet general allegations of its punishing individual staff members for exercising freedom of association.
Keywords:
freedom of association; judicial review;
Summary
Extract:
The Tribunal recognises the Director's right to alter the scope of the facilities extended to the staff association. However it reserves the right to set aside any modifications which have not been properly justified. It considers as unjustified the imposition on the staff association of the requirement that communications to be despatched through the organization's facilities should first be submitted to the administration. Furthermore, it considers as a violation of the right to freedom of association the cut in the organization's contribution to the expenses of the association.
Keywords:
amendment to the rules; discontinuance; discretion; facilities; freedom of association; grounds; judicial review; staff union;
Judgment 495
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The Tribunal does not accept that whenever a staff member is in like case the burden of proof passes to the organization. "Each case must be decided on the proper inferences to be drawn from its own facts." The first matter to be examined is the reason for the decision. "The second matter in a case such as this is the presence or absence of evidence of any particular animosity by the administration towards the complainant, and of evidence of the part, prominent or otherwise, which he played in the controversy and of any act or attitude by him calculated to excite the administration's disapproval [...]."
Keywords:
bias; burden of proof; contract; fixed-term; grounds; judicial review; non-renewal of contract; staff union activity;
Consideration 1
Extract:
"It is [...] established that in accordance with the principle of freedom of association officers and members of the staff association may act in furtherance of their common interests and shall not be penalised by the administration for any activity that is not otherwise improper. It is not disputed that any such penalisation would be an abuse of the Director's discretion and within the power of the Tribunal to review."
Keywords:
abuse of power; freedom of association; judicial review; misuse of authority; staff union activity;
Considerations 6 and 8
Extract:
The complainant worked "on different projects for which money had to be found in the annual budget. This could not always be done by a regular allocation. It might have to be done by what is referred to as 'creative budgeting', i.e. the use of savings made within the regular budget and supplemented perhaps by money procured from external sources, e.g. international foundations." It was decided to terminate the contract. "On the whole the Tribunal is not satisfied that funds were not or could not have been made available for some extension."
Keywords:
budgetary reasons; contract; fixed-term; judicial review; non-renewal of contract; project personnel;
Judgment 493
48th Session, 1982
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"It is a matter for the Director-General's discretion whether to renew a short-term appointment, and it does not appear from the evidence that his exercise of that discretion was tainted with any abuse of authority." Indeed, the decision not to renew the appointment was a way of giving effect to the organisation's decision whereby national authorities were gradually to take its place in administering the Control Centre located on their territory. It is only reasonable that this change should lead to a steady decline in the number of the staff in the city concerned.
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract;
Judgment 488
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"On his last return to headquarters the complainant was not selected for any of the P.5 posts which were vacant at the time and in which he expressed interest. But the posts were filled in accordance with the normal selection procedure, the complainant's applications being considered together with the others, and the Tribunal holds that the procedure followed by the organization was correct and that there was no breach of any of the applicable rules."
Keywords:
appointment; assignment; headquarters; judicial review; procedure before the tribunal; transfer; vacancy;
Judgment 474
47th Session, 1982
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"In so far as the Director-General decided not to extend the complainant's appointment by one year he exercised his discretion. But that does not mean that his decision is exempt from review. The Tribunal has consistently held that such a decision may be quashed for breach of a rule of form or of procedure, for a mistake of fact or of law, for failure to take account of essential facts, for misuse of authority, or if clearly mistaken conclusions were drawn from the facts."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract;
Consideration 3
Extract:
The Director-General's authority is not absolute. The Director-General seems to regard himself as entirely free to make what decisions he will and to believe "that he need not state the grounds for his decision either to the staff member or to the Tribunal. This view rests on an error of law [...] a decision [...] is in fact subject to review by the Tribunal. Although the Tribunal has only a limited power of review, it will so exercise it that the Director-General does not enjoy the unfettered authority he asserts. In assuming his decisions to be unchallengeable, the Director-General went beyond the limits of his discretionary authority, and this error of law alone affords grounds for allowing the complaint, at least in principle."
Keywords:
contract; discretion; duty to substantiate decision; fixed-term; flaw; grounds; judicial review; non-renewal of contract;
Judgment 455
46th Session, 1981
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant had a fixed-term appointment of two years, including one year's probation. The probationary period was extended with an indication that without substantial improvement the appointment would be terminated. His contract was terminated under a provision "that the Director-General may at any time terminate the appointment of a staff member who is serving a probationary period if in his opinion it would be in the interests of the organization to do so. [...] Where, as in this case, there is ample evidence to support the conclusion that the complainant's work was unsatisfactory [...] it is not open to the Tribunal to reassess the evidence".
Keywords:
discretion; judicial review; organisation's interest; probationary period; termination of employment; unsatisfactory service;
Judgment 453
46th Session, 1981
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The grounds on which the organization supports the Director-General's decision [to terminate the complainant at the end of the probation period] are not in the opinion of the Tribunal above criticism." Some of the evidence is not in the complainant's favour but "it is not the duty of the Tribunal to form its own judgment and substitute it for that of the Director-General. It is therefore sufficient to say that the Tribunal is not persuaded that the Director-General's conclusion [...] was clearly mistaken."
Keywords:
grounds; judicial review; probationary period; termination of employment;
Considerations 5-6
Extract:
In the opinion of the Tribunal there is enough evidence to show that the complainant was a man with whom it was difficult, and perhaps impossible, to work. Was there a reasonable likelihood that this defect might have been cured by remonstrance and warning ? The Director-General concluded that there was not. The Tribunal is not persuaded that the Director-General's conclusion that the complainant was unsuited for international service was clearly mistaken.
Keywords:
conduct; fitness for international civil service; judicial review; probationary period; termination of employment; working relations;
Judgment 450
46th Session, 1981
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant's "pleas in support of her contention [that the organization manifested prejudice against her] therefore do not appear to carry any greater weight than those put forward against it. Accordingly, in implying that her performance and her relations with her supervisors were unsatisfactory the [decision to transfer her] is not tainted with any error of fact and did not leave essential facts out of account. Indeed it came within the scope of the Director's discretion."
Keywords:
judicial review; transfer; unsatisfactory service; work appraisal; working relations;
Judgment 448
46th Session, 1981
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Under the material provisions, the Organization is not required to give reasons for its decision not to extend an appointment; if he so requests, an official can get an explanation from his supervisor. "The Tribunal may, however, exercise the power of review which it assumes in such cases only in the light of the grounds given for the decision to terminate the appointment, and if those grounds are not clear from the actual decision will seek to determine them from the other written evidence."
Keywords:
contract; discretion; duty to substantiate decision; fixed-term; grounds; judicial review; non-renewal of contract;
Judgment 447
46th Session, 1981
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
If a decision is based on provisions which grant the Director wide discretionary authority, it can be set aside by the Tribunal only if it was taken without authority, or violated a rule of form or procedure, or was based on an error of fact or or law, or if essential facts were overlooked, or if there was misuse of authority, or if mistaken conclusions were drawn from the facts.
Keywords:
discretion; judicial review; transfer;
Judgment 440
45th Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
The complainant was appointed for two years, with the first 12 months as a probationary period. at the end of this period, his contract was terminated in accordance with the statutory provisions which grant a wide measure of discretion to the bodies responsible for their application. The Tribunal's power of review is limited. In applying the criteria which govern its review, the Tribunal "will exercise special caution in reviewing a decision to dismiss a probationer. Otherwise probation would not serve its purpose as a trial period."
Keywords:
discretion; judicial review; probationary period; termination of employment;
Consideration 1
Extract:
Decisions taken within the exercise of a discretion may be set aside by the Tribunal only if the decision was taken without authority or if it violates a rule of form or of procedure, or was based on a mistake of fact or of law, or if essential facts were overlooked, or if there was abuse of authority, or if clearly mistaken conclusions were drawn from the facts. These considerations hold good for the review of all discretionary decisions.
Keywords:
discretion; judicial review;
Consideration 6
Extract:
The Director-General believed that there was sufficient evidence of the complainant's incompatibility. "If he had based this solely upon the complainant's inability to achieve an harmonious working relationship with his first-level supervisor [...] there is ample evidence in this respect the complainant would not have been exceptional. But there is other evidence of incompatibility. In a case in which the Director-General has personally and after the exercise of great care concluded that there is sufficient evidence to show that the complainant has "not satisfactorily adjusted to [...] service [in the organization]" it is virtually impossible for the Tribunal to interfere."
Keywords:
fitness for international civil service; judicial review; supervisor; working relations;
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 | next >
|
