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)

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Keywords: Judicial review
Total judgments found: 548

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• Judgment 112

  
  18th Session, 1967
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  "[T]he Tribunal is competent to review any decision of the Director-General terminating the appointment of an official during the probationary period, if it is taken without authority, is in irregular form or tainted by procedural irregularities, or if it is tainted by illegality or based on incorrect facts, or if essential facts have not been taken into consideration, or again, if conclusions which are clearly false have been drawn from the [evidence]."

  Keywords:

  judicial review; probationary period; termination of employment;
  

  
  
  

• Judgment 109

  
  17th Session, 1967
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "While the Tribunal is competent to review any decision of the Director-General terminating the appointment of an official during the probationary period [...], the Tribunal may not, however, substitute its own judgment for that of the Director-General in regard to the work or conduct of the person concerned or his or her suitability for international service."

  Keywords:

  competence of tribunal; discretion; judicial review; probationary period; qualifications; termination of employment;
  

  
  
  

• Judgment 106

  
  17th Session, 1967
  United International Bureaux for the Protection of Intellectual Property
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5(B)

  Extract:

  "Having conformed to his two-fold [statutory] obligation [to hear the opinion of the ad hoc committee and to base himself on the standards observed in other international organisations] the Director is free to exercise his discretion in carrying out the responsibilities assigned to him. It follows that the Administrative Tribunal must confine itself to determining whether" [at issue is the classification of posts].

  Keywords:

  advisory body; consultation; discretion; judicial review; limits; post classification; rule of another organisation;
  

  Consideration 6

  Extract:

  The Tribunal's review has brought to light no irregularities. "While the Director in the exercise of his discretion might have arrived at a more favourable decision in respect of complainant, whose professional competence has never been questioned, it is not for the Tribunal, having exercised its power of review, to substitute its own judgment for that of the responsible authority."

  Keywords:

  discretion; judicial review; post classification;
  

  
  
  

• Judgment 100

  
  17th Session, 1967
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  In transferring the complainant within the same service, "the Director-General was simply exercising his right under [the applicable provision] while at the same time conforming to the terms of the complainant's appointment. It appears from the evidence in the dossier that this decision was taken in the interests of the service, and that it was not accompanied by any reduction in salary, and that it in no way affected the statutory rights of the complainant." The decision is lawful and does not constitute a sanction.

  Keywords:

  judicial review; lack of injury; organisation's interest; transfer;
  

  
  
  

• Judgment 93

  
  16th Session, 1966
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  In exceptional circumstances the Director-General must be able to dismiss an official whose services are satisfactory in the interest of the organization. "It is for the organization to satisfy the Tribunal that such extraordinary circumstances exist. If the organization satisfies the Tribunal of this, the power arises. It is then for the Director-General to decide whether in these circumstances the interests of the organization require the termination of an officer's appointment and the Tribunal will not interfere with that decision unless [...]".

  Keywords:

  burden of proof; discretion; evidence; judicial review; limits; organisation; organisation's interest; satisfactory service; termination of employment;
  

  
  
  

• Judgment 92

  
  16th Session, 1966
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  When a complainant seeks to have a general provision abrogated, "the Administrative Tribunal must confine itself to considering the legality of the provision and, if it is found to be invalid, to rescinding the decision by which it was applied or the consequential decisions [...]. The Tribunal must consider whether [the material provision] is in contradiction with a general principle of law, and if so, whether the decision impugned should consequently be rescinded."

  Keywords:

  application for quashing; competence of tribunal; enforcement; general decision; general principle; individual decision; judicial review; provision; staff regulations and rules;
  

  
  
  

• Judgment 84

  
  14th Session, 1965
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  The decision of the Director-General to terminate the contract upon expiry of the probationary period was based "upon his conclusion that the services of the complainant had ceased to be satisfactory. In arriving at this conclusion the Director-General was exercising his discretion. Therefore, while the Tribunal is competent to review this decision [...], the Tribunal cannot substitute its own opinion for that of the Director-General."

  Keywords:

  discretion; judicial review; probationary period; termination of employment; unsatisfactory service; work appraisal;
  

  
  
  

• Judgment 70

  
  12th Session, 1964
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration II (2)

  Extract:

  "The Director-General's power to decide in any case submitted to him whether or not [the] conditions [for waiver of immunity] apply is, in view of its specific character which necessarily involves relations between the organisation and a third party, completely beyond the control of the Administrative Tribunal."

  Keywords:

  competence of tribunal; complaint; discretion; judicial review; member state; organisation; privileges and immunities; receivability of the complaint; waiver of immunity;
  

  
  
  

• Judgment 65

  
  11th Session, 1962
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  Vide Judgment 65, consideration 1.

  Keywords:

  contract; discretion; fixed-term; judicial review; non-renewal of contract;
  

  
  
  

• Judgment 63

  
  11th Session, 1962
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  The Tribunal is competent to pass judgment on the irregularities allegedly committed by the Appeals Board only to the extent that they might, "particularly by reason of their gravity, have affected the Director-General's decision." This is not a case in point: there was a hearing of both parties; the allegations made by complainant are without substance or relevance.

  Keywords:

  consequence; decision; flaw; internal appeal; internal appeals body; judicial review; lack of injury; procedural flaw;
  

  Consideration 1

  Extract:

  "As this is the heaviest penalty which can be inflicted, and can be applied without prior consultation with a joint body, this provision must not be given a broad interpretation. It applies to an official who, in the first place, fails in his duty and, in the second place, thereby commits serious misconduct." In the present case, the complainant was dismissed without advance notice. "It is, therefore, necessary to consider whether the conditions on which the validity of such an action depends were complied with, i.e. whether the complainant failed in his duty and was thus guilty of serious misconduct."

  Keywords:

  disciplinary measure; judicial review; serious misconduct; summary dismissal; termination of employment;
  

  
  
  

• Judgment 61

  
  10th Session, 1962
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  "There is no provision in the Statute of the Tribunal empowering the latter to entertain conclusions praying for the quashing of regulations."

  Keywords:

  application for quashing; competence of tribunal; judicial review; provision; staff regulations and rules;
  

  Consideration 14

  Extract:

  The organisation altered the pensions scheme, family allowances and termination benefits in case of abolition of post. While it "was, in principle, empowered to do so, it falls to be considered whether it thereby altered the balance of contractual obligations or infringed the essential terms of appointment in consideration of which the complainant [...] agreed to accept service with [the organisation]."

  Keywords:

  abolition of post; acquired right; amendment to the rules; consequence; contract; family allowance; judicial review; pension; terminal entitlements; terms of appointment;
  

  
  
  

• Judgment 60

  
  10th Session, 1962
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration II 2(B)

  Extract:

  The Tribunal has carried out a detailed comparison of the tasks assigned to the complainant with those established by the classification plan. "If the organization made a mistake [...] it was not in describing complainant as a budget clerk but in placing her in grade M.4. In fact, the complainant belonged to grade M.5."

  Keywords:

  grade; judicial review; post classification; post description;
  

  
  
  

• Judgment 56

  
  9th Session, 1961
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  Vide Judgment 65, consideration 2.

  Reference(s)

  ILOAT Judgment(s): 65
  

  Keywords:

  contract; discretion; fixed-term; judicial review; non-renewal of contract;
  

  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 53

  
  9th Session, 1961
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  "While the Tribunal is competent to review any decision of the Director-General to terminate the appointment of [an] official, insofar as it may be tainted [etc.]. The Tribunal will not substitute its own opinion for that of the Director-General as regards the conduct or suitability of an official for international service."

  Keywords:

  conduct; discretion; fitness for international civil service; judicial review; work appraisal;
  

  
  
  

• Judgment 47

  
  8th Session, 1960
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  "While the Tribunal remains competent to review any decision of the Director-General taken in accordance with [the applicable provisions], insofar as it may be tainted [...], the Tribunal shall not substitute its own opinion for that of the Director-General." At issue is the determination of the complainant's nationality for the purpose of defining her status.

  Keywords:

  competence of tribunal; discretion; judicial review; local status; nationality; non-local status;
  

  
  
  

• Judgment 39

  
  7th Session, 1958
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "In the absence of any evidence that a particular decision taken in virtue of [the sovereign authority of the legislative organs and the Secretary-General] was arbitrary or in bad faith [...] the Tribunal cannot constitute itself as a body competent to scrutinise the classification of officials and thus to assume a hierarchical authority over the organisation and its executive head."

  Keywords:

  competence of tribunal; discretion; grade; judicial review; post classification;
  

  Considerations

  Extract:

  "The adoption of revised salary scales together with a new classification plan [...] cannot in itself be put forward as justification for proceeding to an arbitrary and unfair treatment of officials [...]. Any such system may only be applied in the interest of the organisation and in accordance with the guarantees [set out in the Staff Regulations]; it is only where evidence has been adduced before the Tribunal to show that the organisation failed properly and fairly to observe the terms of an official's appointment and of the [...] regulations applicable that a claim would be in judgment."

  Keywords:

  amendment to the rules; equal treatment; grade; judicial review; post classification; provision; salary; scale; staff regulations and rules;
  

  
  
  

• Judgment 34

  
  7th Session, 1958
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  The complainant contests the contents of the certificate drawn up. "Even if the complainant's submission under this head were receivable in form* the Tribunal has no authority to supervise or to state the terms of a certificate containing any evaluation whatsoever of the service of the person concerned, this being a prerogative of the Director-General".
  *complaint time-barred

  Keywords:

  certificate of service; discretion; formal requirements; judicial review; work appraisal;
  

  
  
  

• 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 30

  
  6th Session, 1957
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "The Tribunal already deplored in Judgment No. 11 [...] the absence of regulations laying down the conditions of employment of [...] officials [of branch offices]; [...] it is regrettable that such regulations have still not been drawn up and that consequently there are no rules of positive law" governing the matter. It does not follow that such officials should be exposed to arbitrary action by the Director-General.

  Reference(s)

  ILOAT Judgment(s): 11
  

  Keywords:

  competence of tribunal; discretion; field; judicial review; no provision;
  

  
  
  

• Judgment 24

  
  5th Session, 1955
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration (L)

  Extract:

  Vide Judgment 22, consideration (l).

  Reference(s)

  ILOAT Judgment(s): 22
  

  Keywords:

  conduct; contract; fixed-term; judicial review; member state; non-renewal of contract; official;
  

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