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Delegated authority (545,-666)
You searched for:
Keywords: Delegated authority
Total judgments found: 50
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Judgment 1375
77th Session, 1994
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The want of proper delegation of the right to sign will not necessarily be fatal to a decision. What matters is the actual wording, and it may be necessary to refer to the evidence to determine who really took it."
Keywords:
application for quashing; decision; decision-maker; delegated authority; judicial review;
Judgment 1290
75th Session, 1993
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
See Judgment 1184, consideration 2.
Reference(s)
ILOAT Judgment(s): 1184
Keywords:
competence; decision; decision-maker; delegated authority; executive head;
Judgment 1185
73rd Session, 1992
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 2-3
Extract:
The complainant argues that the impugned decision was ultra vires. The organization says that it was at the Director-General's instructions that the leader of the personnel division notified the decision to the complainant and that as a matter of good faith any decision on personnel management should be deemed to have been taken by the competent authority. The organization argues that the leader of the personnel division enjoyed an implied delegation of authority. "Such a broad statement of principle is unsound. [...] There is no telling [...] who actually made the decision in this case. The text cites no delegation of authority to sign; the only reference to the decision is impersonal and raises no presumption whatever of such delegation."
Keywords:
decision; decision-maker; delegated authority; executive head; presumption;
Judgment 1184
73rd Session, 1992
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 2-3
Extract:
Vide Judgment 1185, considerations 2 and 3.
Reference(s)
ILOAT Judgment(s): 1185
Keywords:
decision; decision-maker; delegated authority; executive head; presumption;
Judgment 1090
70th Session, 1991
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 2-3
Extract:
The United Nations Secretary-General and the Director-General of the FAO delegated authority to the Executive Director of the World Food Programme (WFP) to apply and interpret the FAO Staff Regulations and Staff Rules. Under Regulation 14(j) of the General Rules of the WFP any special rules the Executive Director might propose must be approved by the UN Secretary-General and the Director-General of the FAO. The complainant contends that as the provisions of the new personnel policy implemented by the Executive Director never got the required approval they are not special rules at all and do not therefore apply to him. The Tribunal holds to the contrary that Regulation 14(j) does give the provisions the force of special rules: there is no specific form their approval must take and the competent authorities have not disapproved of them.
Reference(s)
Organization rules reference: REGULATION 14(J) OF THE GENERAL RULES OF THE WORLD FOOD PROGRAMME
Keywords:
competence; decision-maker; delegated authority; formal requirements;
Judgment 869
63rd Session, 1987
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Paragraph 315.323 of the FAO Manual, under which the Director of personnel of the FAO is competent to take decisions to withhold within-grade salary increments, was not complied with, and there is no evidence that the person who took the decision - the Director of external relations and general services for the World Food Programme - had been validly delegated to do so.
Reference(s)
Organization rules reference: PARAGRAPH 315.323 OF THE FAO MANUAL
Keywords:
competence; decision-maker; delegated authority; evidence; increment withheld; lack of evidence;
Judgment 805
61st Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"Delegation is the normal method of exercising authority within an organisation, and the competence of the head of personnel, who expressly mentioned the higher authority from whom he derived it, is unchallengeable."
Keywords:
competence; decision; decision-maker; delegated authority; requisition; right to strike; strike;
Judgment 292
38th Session, 1977
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
"A change in the conditions of remuneration is not an ordinary administrative matter; it is something which the Director-General is expected to consider and decide himself. In the absence of [words to that effect] it is not therefore to be supposed that the power to amend [rules] is one which the Director-General can delegate. [The relevant article] specifies that in individual cases the application of the Staff Regulations may be delegated, but there is no similar provision in respect of the making of general rules."
Keywords:
amendment to the rules; competence; decision-maker; delegated authority; executive head; no provision; salary; staff regulations and rules;
Consideration 18
Extract:
"In the absence of [words to that effect] it is not [...] to be supposed that the power to amend [the] rule [respecting conditions of remuneration] is one which the Director-General can delegate. [The material provision] specifies that in individual cases the application of staff regulations may be delegated, but there is no similar provision in respect of the making of general rules."
Keywords:
amendment to the rules; competence; delegated authority; no provision; provision; staff regulations and rules;
Judgment 247
33rd Session, 1974
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"[I]t does not in the least follow that because a director confers upon one of his subordinates a limited authority in certain matters, that subordinate is thereby raised hierarchically and entitled to exact all the respect which is due to a superior."
Keywords:
conduct; consequence; delegated authority; staff member's duties; supervisor; working relations;
Consideration 16
Extract:
"The Tribunal will assume, without deciding the question, that it is within the competence of a division director to delegate his authority in certain matters to one of the officers in his division. But if that is to be done, clear words must be used which leave the other officers in no doubt that one who is hierarchically their equal is being invested with the right to command."
Keywords:
delegated authority; duty to inform; executive head; organisation's duties; supervisor;
Judgment 117
19th Session, 1968
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
If the signatory to the contract of employment had authority from the organization, the complainant could be held to be employed by the organization. "Authority is a clear and precise legal conception and if it cannot be found to exist it is not permissible to take refuge in imprecise expressions, such as that the credit union [which employs the complainant] was a body "within the framework of [the organization]". Accordingly, the complainant not being employed by [the organization], and so not one of its staff members, the Tribunal lacks jurisdiction".
Keywords:
competence of tribunal; contract; delegated authority; locus standi; non official; receivability of the complaint; right of appeal; status of complainant;
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