Competence (84, 822, 823,-666)

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Keywords: Competence
Total judgments found: 108

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• Judgment 197

  
  29th Session, 1972
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  Reports on each staff member must be made in the first place by his immediate supervisor, who is the best qualified to make an appraisal. This principle cannot be applied "in some units which, because of their nature, activities or the very form of their organization, a small number of officials are associated in a specific common task. It may be conducive to the efficiency of such units for the chief to report directly on all the staff members with whom he is in close and continuous collaboration in the exercise of their duties."

  Keywords:

  competence; probation report; probationary period; rating; supervisor; work appraisal;
  

  
  
  

• Judgment 182

  
  27th Session, 1971
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "The Tribunal will not normally entertain complaints about the contents of appraisal reports; it is essential to their value that the supervisor should be granted great freedom of expression and normally, if there be any errors of judgement on his part, they can be sufficiently remedied by the incorporation in the appraisal report of the staff member's point of view."

  Keywords:

  competence; discretion; judicial review; performance report; rebuttal; supervisor; work appraisal;
  

  
  
  

• Judgment 158

  
  24th Session, 1970
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  In asking the Tribunal to endorse the recommendations of the Appeals Committee, "the complainant has misunderstood the respective role of these two bodies. The Board of Inquiry and Appeal, as an advisory body, may take into account considerations of expediency, whereas the Tribunal, as a judicial organ, must confine itself to considering whether the decision impugned is in conformity with the applicable rules."

  Keywords:

  advisory body; competence; competence of tribunal; complainant; difference; enforcement; internal appeals body; recommendation; request by a party; tribunal;
  

  
  
  

• Judgment 149

  
  23rd Session, 1970
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  The appeals body which heard the persons closely concerned with the appeal, found that the increase had been withheld out of personal prejudice. Under the applicable provision, the body was competent "to find the existence of prejudice. the Director-General therefore committed an error of law in stating [...] that he could not endorse the recommendation of the Appeals Committee on this point simply on the ground that the committee was not competent to make such a recommendation."

  Keywords:

  bias; competence; decision; enforcement; executive head; flaw; grounds; increment withheld; internal appeals body; recommendation; refusal; report; salary; step;
  

  
  
  

• Judgment 122

  
  20th Session, 1968
  Universal Postal Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  The Merits

  Extract:

  "While the Universal Postal Union, which has legal personality, is alone competent to represent the organization as a whole before the Administrative Tribunal, it appears from the provisions governing its internal relations with the language groups set up within the Union that it is the management committees of the respective groups which are responsible for appointing the staff and that the role of the Director-General of the UPU is confined to notifying the persons concerned, on behalf of the management committees, of the decisions taken by them."

  Keywords:

  competence; declaration of recognition; executive head; iloat; limits; organisation;
  

  
  
  

• Judgment 83

  
  14th Session, 1965
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 2-3

  Extract:

  It follows from Article XII of the Statute of the Tribunal "that the possibility of submitting the question of the validity of the decision given by the Tribunal to the International Court of Justice is exclusively vested in the governing body of [the Organisation] or the administrative board of the pensions fund, as is borne out by the court itself (advisory opinion dated 23 October 1956, ICJ reports, 1956, page 77 and pages 84-85). Such a possibility is open in the sole interest of the organisation [...]. Moreover, the exercise of this right must inevitably lead the governing body to take a stand on the validity of judgments rendered by the Administrative Tribunal."

  Reference(s)

  ILOAT reference: ARTICLE XII OF THE STATUTE
  
  

  Keywords:

  advisory opinion of icj; competence; executive body; icj; organisation's interest; request by a party; unjspf;
  

  
  
  

• Judgment 78

  
  13th Session, 1964
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  The powers of the Director-General as regards the staff association are governed by the organization's regulations. "None of these regulations empowers the Director-General to invalidate elections held [by the association] to form its executive committee on the ground that such elections were irregular [...]. Hence, by refusing to invalidate the elections [...] the Director-General, far from violating the Staff Regulations and Rules, applied them correctly."

  Keywords:

  application for quashing; competence; election; executive head; flaw; no provision; refusal; staff union;
  

  
  
  

• Judgment 61

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

  Consideration 12

  Extract:

  The "provisions which appertain to the structure and functioning of the international civil service and [...] benefits of an impersonal nature and subject to variation [...] are statutory in character and may be modified at any time in the interest of the service, subject, nevertheless, to the principle of non-retroactivity and to such limitations as the competent authority itself may place upon its powers to modify them."

  Keywords:

  amendment to the rules; competence; decision-maker; non-retroactivity; organisation's interest; provision; staff regulations and rules;
  

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