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
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Judgment 339
40th Session, 1978
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
The parties are bound by a contract for conditional appointment. One condition relates to "government and other internal clearances". The dossier contains no explanation of what this phrase means. "[S]ince it occurs in a document composed and proffered by the organization it is for the organization in the first place to attribute a meaning to it. Without this elucidation the Tribunal cannot hold that the condition has not been fulfilled [...]."
Keywords:
acceptance; condition; contract; judicial review; medical examination; member state; offer;
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budgetary reasons; contract; grounds; judicial review; lack of evidence; offer; offer withdrawn;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 337
40th Session, 1978
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The extension of fixed-term appointments is a matter which falls within the Director-General's discretionary authority and the Tribunal may interfere with his decision only in specific and limited circumstances."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract;
Considerations
Extract:
"In his pleas the complainant merely contests the judgments of fact made by the Director-General, and so the Tribunal may not interfere."
Keywords:
contract; executive head; fixed-term; judicial review; non-renewal of contract;
Judgment 335
40th Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
According to the regulations, by special decision and in exceptional circumstances, the place of origin of a staff member may be altered while the staff member is in service to the organisation. "The provisions do not specify the circumstances which warrant a change in the place of origin and they leave the matter to the discretion of the competent authority." Limited power of review by the Tribunal.
Keywords:
amendment to the rules; discretion; exception; home; judicial review; place of origin;
Judgment 334
40th Session, 1978
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant's post was abolished and for a trial period he was assigned other duties. The Secretary-General was bound to take account of the reports on his performance in the various posts he held. More or less severe criticisms were made of him. In view of the evidence before the Tribunal, the Secretary-General may not be said to have drawn clearly mistaken conclusions therefrom, which warranted the termination of his appointment.
Reference(s)
Organization rules reference: SECTION 9.1 ITU STAFF REGULATIONS AND STAFF RULES
Keywords:
abolition of post; judicial review; mistaken conclusion; probationary period; qualifications; reassignment; termination of employment; unsatisfactory service;
Judgment 330
39th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
In the present case "the Tribunal has no grounds for broadening the scope of its customary power to review decisions on promotion. Indeed, the [relevant provision] states that promotion is a matter of choice and so qualifies it as a discretionary decision - in other words, one over which the Tribunal may exercise only a limited power of review."
Keywords:
discretion; judicial review; promotion;
Consideration 3
Extract:
The Administrative Council's declaration which the complainant cites is a document that "does not have the force of a rule but merely affords guidance." And although the "general principles" approved by the Administrative Council "give [the Director-General] guidance [...] they also respect his discretionary authority and the Tribunal must acknowledge that by not going beyond the scope of its minimum power of review".
Keywords:
administrative instruction; binding character; discretion; executive body; executive head; judicial review;
Judgment 327
39th Session, 1977
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Under Article VII, paragraph 1, of the Statute of the Tribunal "the Tribunal [...] has to consider whether a complainant correctly followed the internal procedure which was open to him."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords:
competence of tribunal; internal remedies exhausted; judicial review; receivability of the complaint;
Judgment 326
39th Session, 1977
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
WHO Staff Regulation 4.4 provides that "without prejudice to the inflow of fresh talent at the various levels, vacancies shall be filled by promotion of persons already in the service of the organization in preference to persons from outside". The organization must rely upon the members of a selection committee to pay what they consider to be due regard to the factors mentioned in the Regulations. "It would only be in a case in which it could be shown that a factor had been wilfully disregarded that the Tribunal could begin to entertain any complaint."
Reference(s)
Organization rules reference: WHO STAFF REGULATION 4.4
Keywords:
appointment; competition; criteria; judicial review; post held by the complainant; selection board; vacancy;
Consideration 5
Extract:
"The Tribunal has no power to interfere with [a decision to make an appointment] except upon limited grounds such as alleged irregularities of procedure". In the present case, "since these allegations have not been made out, the decision of the Director-General must stand."
Keywords:
appointment; competition; discretion; judicial review;
Judgment 324
39th Session, 1977
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The impugned decision was a refusal to renew the complainant's contract. "That is a decision of a discretionary nature and one which the Tribunal may quash only if [...]."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract;
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;
Consideration 29
Extract:
"[T]he comparison of wage rates, especially when they include fringe benefits, is a difficult task, which may often involve delicate choice between several solutions of almost equal merit. [...] The text to be interpreted is a set of principles and not of precise requirements. Where it is alleged that the Director-General has made an error of law in their interpretation, the Tribunal will consider the text broadly and will be careful not to put the Director-General's discretion into a legal straitjacket."
Keywords:
discretion; fringe benefits; interpretation; judicial review; rate; salary;
Judgment 320
39th Session, 1977
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"A decision taken by the Director-General, either during or at the end of the probation period, not to confirm the staff member's appointment is one which falls within his discretion and accordingly the Tribunal will interfere with it only on strictly limited grounds [...]."
Keywords:
discretion; judicial review; probationary period;
Judgment 318
39th Session, 1977
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The main grounds for the impugned decision are that the complainant, who would brook no challenge to his views, proved unable to obey his supervisor's instructions and adapt to the methods of the organization. It is clear from the dossier that those grounds are factually correct and are not tainted with any of the flaws [...] which would entitle the Tribunal to interfere."
Keywords:
insubordination; judicial review; probationary period; termination of employment; working relations;
Considerations
Extract:
"The Tribunal is competent to review the lawfulness of any decision by the Director-General [...]. In particular it may determine whether that decision [is tainted by any of the flaws which entitle the Tribunal to interfere]. The Tribunal may not [...] replace with its own the executive head's opinion of a staff member's performance, conduct or fitness for international service."
Keywords:
conduct; discretion; fitness for international civil service; judicial review; qualifications; work appraisal;
Judgment 316
39th Session, 1977
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The decision to renew or not to renew a contract falls within the discretion of the Director-General. His conclusion that the allegations are not well founded must be accepted by the Tribunal unless he has misused his discretion."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract;
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 305
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"It is immaterial that in its report [...] the Appeals Committee declared itself competent and so apparently overlooked [the provision which excludes appeals against the decision in question]. It is for the Tribunal to see whether Article VII of its own Statute is applicable: that means that in particular it must determine, with reference to the [organisation's] rules, the date on which the internal body of last instance took its decision and from which the ninety-day period therefore began to run."
Reference(s)
ILOAT reference: ARTICLE VII OF THE STATUTE
Keywords:
competence of tribunal; date; decision; internal appeals body; judicial review; mistaken hearing of merits; receivability of the complaint; start of time limit;
Judgment 304
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The decision not to promote [...] falls within the Director-General's discretionary authority. Hence the Tribunal will interfere with that decision only if [...]."
Keywords:
discretion; executive head; judicial review; promotion; refusal;
Judgment 303
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Vide Judgment 304, consideration 1.
Reference(s)
ILOAT Judgment(s): 304
Keywords:
discretion; executive head; judicial review; promotion; refusal;
Judgment 301
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Vide Judgment 304, consideration 1.
Reference(s)
ILOAT Judgment(s): 304
Keywords:
discretion; executive head; judicial review; promotion; refusal;
Judgment 300
38th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"It is true that marking may partly depend on subjective factors which have little or nothing to do with actual performance, but the complainants have not shown that they suffered on that account."
Keywords:
bias; burden of proof; discretion; judicial review; lack of evidence; rating; work appraisal;
Consideration 1
Extract:
Vide Judgment 304, consideration 1.
Reference(s)
ILOAT Judgment(s): 304
Keywords:
discretion; executive head; judicial review; promotion; refusal;
Judgment 299
38th Session, 1977
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[T]he Director-General made an appraisal of facts which is not subject to review by the Tribunal."
Keywords:
discretion; judicial review; post classification;
Judgment 297
38th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The impugned decision not to extend the complainant's appointment [...] falls within the Director-General's discretionary authority."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract;
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