Executive head (549,-666)
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Keywords: Executive head
Total judgments found: 209
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Judgment 1127
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant suggests that the Reports Committee which recommended against confirming her appointment following probation was biased. "The burden is on the complainant to show that the members of the Committee duly appointed by the Director General were not impartial, and she has failed to offer any evidence to suggest that they were not."
Keywords:
advisory body; bias; burden of proof; complainant; composition of the internal appeals body; discretion; evidence; executive head;
Consideration 8
Extract:
"The Tribunal will not ordinarily question the competence and qualifications of those whom the Director General appoints in the exercise of his discretion to the Reports Committee, provided that the rules are complied with and the members' independence and impartiality are not in doubt."
Keywords:
advisory body; bias; competence; composition of the internal appeals body; discretion; executive head; judicial review; procedure before the tribunal;
Judgment 1038
69th Session, 1990
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The Director-General took his decision [not to renew the complainant's contract] in the exercise of his discretionary authority. Even though colleagues of the complainant's thought him suitable and recommended extending his appointment, the decision was not theirs to make."
Keywords:
competence; contract; discretion; executive head; fixed-term; non-renewal of contract; qualifications; work appraisal;
Judgment 1001
68th Session, 1990
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The parties agreed to dispense with prior referral to the Joint Appeals Board and to put the dispute directly to the Tribunal, as Rule 112.03 of UNIDO's Staff Rules allows." Because of that provision in the Organization's Rules, the requirement set out in Article VII of the Tribunal's Statute is met.
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Organization rules reference: RULE 112.03 OF THE UNIDO STAFF RULES
Keywords:
acceptance; direct appeal to tribunal; enforcement; exception; executive head; receivability of the complaint; staff regulations and rules;
Judgment 1000
68th Session, 1990
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The parties agreed to dispense with prior referral to the Joint Appeals Committee and to put the dispute directly to the Tribunal, as Rule 12.02.1(b) of the Agency's Provisional Staff Rules allows." Because of that provision in the Agency's Rules, the requirement set out in Article VII of the Tribunal's Statute is met.
Reference(s)
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Organization rules reference: RULE 12.02.1(B) OF THE IAEA PROVISIONAL STAFF RULES
Keywords:
acceptance; direct appeal to tribunal; enforcement; exception; executive head; receivability of the complaint; staff regulations and rules;
Judgment 975
66th Session, 1989
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The President was not bound to endorse the Appeals Committee's opinion. Article 109(1) of the [EPO] Service Regulations says merely that 'the authority concerned shall take a decision having regard to this opinion'. The President's duty is to consider the opinion before reaching his decision, not to follow it."
Reference(s)
Organization rules reference: ARTICLE 109(1) OF THE EPO SERVICE REGULATIONS
Keywords:
binding character; decision; executive head; internal appeals body; organisation's duties; recommendation;
Judgment 963
66th Session, 1989
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainants challenge Eurocontrol's decision to reduce the amount of education expenses to be refunded to them insofar as it applied retroactively. Though the Director General's decisions are the only ones the Tribunal may quash and those under challenge did not have retroactive effect, "a staff member may challenge in an individual appeal the lawfulness of any decision of the [Permanent] Commission's that affords the basis in law for a decision by the appointing authority if he believes the latter decision to be at odds - as indeed here the decisions are - with a rule or principle that governs the international civil service."
Keywords:
decision; education expenses; enforcement; executive head; international civil service principles; judicial review; legislative body; non-retroactivity; reduction of salary; refund; salary;
Judgment 940
65th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"Though there are rules, promotion is in essence at the President's discretion."
Keywords:
discretion; executive head; promotion;
Judgment 892
64th Session, 1988
International Office of Epizootics
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"Since the assessments of her varied, the Director General was free, in exercising his discretion in the Office's interest, to take account only of the factors that he thought ruled out renewal."
Keywords:
contract; different appraisals; discretion; executive head; fixed-term; non-renewal of contract; unsatisfactory service; work appraisal;
Judgment 856
63rd Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"All that Unesco's rules say on the matter is that the holder of an indeterminate appointment, like the complainant, may resign by giving three months' notice and that the Director-General may, at his discretion, accept resignation at shorter notice."
Keywords:
discretion; executive head; notice; resignation;
Judgment 831
62nd Session, 1987
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
"Whether or not the decision [of the International Civil Service Commission] is put into the Staff Regulations is immaterial: be that as it may it is binding on the Director-General only if lawful."
Keywords:
binding character; condition; enforcement; executive head; general decision; icsc decision; judicial review;
Judgment 830
62nd Session, 1987
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
See Judgment 831, consideration 18.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
binding character; condition; enforcement; executive head; general decision; icsc decision; judicial review;
Judgment 829
62nd Session, 1987
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
Vide Judgment 831, consideration 18.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
binding character; condition; enforcement; executive head; general decision; icsc decision; judicial review;
Judgment 827
62nd Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
See Judgment 831, consideration 18.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
binding character; condition; enforcement; executive head; general decision; icsc decision; judicial review;
Judgment 826
62nd Session, 1987
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
See Judgment 831, consideration 18.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
binding character; condition; enforcement; executive head; general decision; icsc decision; judicial review;
Judgment 825
62nd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
See Judgment 831, consideration 18.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
binding character; condition; enforcement; executive head; general decision; icsc decision; judicial review;
Judgment 809
61st Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"The Director-General omitted to consult the Executive Board of Unesco before taking his decision, though Article 54 of the Board's Rules of procedure reads: 'The Director-General shall consult the members of the Executive Board with regard to the appointment or renewal of a contract of officials at D.1 and above whose posts come under the regular budget of the organization.'" The decision to appoint the complainant to an unclassified post is therefore tainted with a fatal flaw.
Reference(s)
Organization rules reference: ARTICLE 54 OF THE RULES OF PROCEDURE OF THE EXECUTIVE BOARD OF UNESCO
Keywords:
appointment; assignment; breach; consultation; executive body; executive head; extension of contract; flaw; organisation's duties; professional category; written rule;
Consideration 20
Extract:
"The Director-General's authority is not absolute and quite plainly he failed in this case to pay due regard to the complainant's qualifications and experience in picking P.5 posts."
Keywords:
assignment; degree; discretion; disregard of essential fact; executive head; grade; limits; professional experience; qualifications;
Judgment 740
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The Council's 'guidelines', inasmuch as they set objective and binding criteria and do not offer mere guidance, are binding on the President insofar as they do not allow him discretionary authority."
Keywords:
administrative instruction; binding character; decision; discretion; enforcement; executive body; executive head; general decision;
Judgment 739
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The Council's 'guidelines', inasmuch as they set objective and binding criteria and do not offer mere guidance, are binding on the President insofar as they do not allow him discretionary authority."
Keywords:
administrative instruction; binding character; decision; discretion; enforcement; executive body; executive head; general decision;
Judgment 630
54th Session, 1984
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The complainant argues that the unfair treatment lies in her being kept idle for so long. Accordingly the time limit for filing an appeal did not begin on the date on which her supervisor decided, while keeping her on her post, to give her no more work: the injury occurred only with the passage of time. Thus, although it was only after being kept idle for a considerable lapse of time that the complainant appealed to the Director-General, and then to the Tribunal, for compensation for the injury she alleged, her claims are not time-barred and her complaint is receivable."
Keywords:
compensation; complaint; date; executive head; iloat; injury; internal appeal; period; post; receivability of the complaint; refusal to assign work; request by a party; start of time limit; supervisor; time bar;
Judgment 598
52nd Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"Where the guidelines properly modify the requirements of the Service Regulations they confer on the President an authority of his own which he exercises in the general interest and as befits the particular circumstances. [...] The wording of the guidelines is such that they cannot be treated as nothing more than standards or goals [...] They set objective and binding criteria for deciding on individual staff cases, and, while not ignoring the President's discretionary authority, the Tribunal will review the application of the rules the Council has laid down."
Keywords:
administrative instruction; amendment to the rules; binding character; competence of tribunal; discretion; enforcement; executive body; executive head; general decision; staff regulations and rules;
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