Abuse of power (927,-666)
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Keywords: Abuse of power
Total judgments found: 161
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Judgment 496
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 36
Extract:
"It is enough to say that the absence of any evidence supporting the decision creates the suspicion that it was taken with improper motives and that such a suspicion is amply confirmed by consideration of the events leading up to it [...] The director wished to get rid of a [staff] committee which he believed to be unrepresentative. [...] The decision [...] can only be viewed either as an attempt to use coercion where persuasion had failed or as an expression of resentment at the failure. as such it is an abuse of power."
Keywords:
abuse of power; amendment to the rules; facilities; grounds; misuse of authority; staff union;
Consideration 34
Extract:
Within the limits determined by the organization's interests, "the Director has the widest discretion in determining the extent of the facilities which the organization offers to the staff association and in making from time to time such changes in them as he thinks to be desirable. Changes do not have to be negotiated and agreed [...]. [The Director] may not, as is the rule in all his decisions, act without taking all the relevant facts into consideration and he can hardly do that without ascertaining the views of the staff association. But after these have been considered, the decision is for him alone."
Keywords:
abuse of power; amendment to the rules; consultation; facilities; misuse of authority; organisation's duties; staff union;
Judgment 495
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"It is [...] established that in accordance with the principle of freedom of association officers and members of the staff association may act in furtherance of their common interests and shall not be penalised by the administration for any activity that is not otherwise improper. It is not disputed that any such penalisation would be an abuse of the Director's discretion and within the power of the Tribunal to review."
Keywords:
abuse of power; freedom of association; judicial review; misuse of authority; staff union activity;
Judgment 487
48th Session, 1982
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant's absence from duty for which the organization's medical officer thought the application of sick leave unjustified was set against annual leave; the complainant contends that it was in fact a disciplinary measure tainted with abuse of authority. "In the circumstances of this case the application of the [material rule] by analogy and the consequent exclusion of [another rule] which would have entailed disciplinary action [...] constitutes no abuse of authority, since that authority was not exercised for any unlawful purpose."
Keywords:
abuse of power; analogy; annual leave; enforcement; illness; misuse of authority; provision; refusal; sick leave; unauthorised absence;
Judgment 476
47th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"It is not established that the complainant's supervisors [in deciding in favour of the transfer] committed any abuse of authority, i.e. that they acted on considerations extraneous to the organization's interests."
Keywords:
abuse of power; lack of evidence; misuse of authority; transfer;
Judgment 451
46th Session, 1981
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"It is impossible to argue that the Director's failure to respond instantly and affirmatively to the complainant's demands [for transfer] amounted to an abuse of power."
Keywords:
abuse of power; misuse of authority; request for transfer;
Judgment 431
45th Session, 1980
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"There will be such misuse [of authority] when, though the decision is formally intra vires, authority is exercised for some improper purpose."
Keywords:
abuse of power; definition; misuse of authority;
Consideration 7
Extract:
In letting the interests of a Member State prevail over those of the organisation for no valid reason, the Director-General committed a misuse of authority which taints his decision not to renew the contract. The Tribunal need not consider whether the impugned decision is further tainted with any error of law.
Keywords:
abuse of power; contract; fixed-term; member state; misuse of authority; non-renewal of contract; organisation's interest;
Judgment 359
41st Session, 1978
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"[I]t appears from the evidence in the dossier that the circumstances in which the complainant's appointment ended amount to an abuse of authority." [no description of post, no detailed comment on his performance, hence either omission of essential facts or clearly mistaken conclusions from the facts, hence quashing of decision.]
Keywords:
abuse of power; contract; disregard of essential fact; fixed-term; mistaken conclusion; misuse of authority; non-renewal of contract; omission; organisation's duties; performance report; post description;
Judgment 354
41st Session, 1978
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
A "covert disciplinary sanction may constitute an abuse of authority and should be borne out by the documents in the dossier."
Keywords:
abuse of power; disciplinary measure; evidence; hidden disciplinary measure; misuse of authority;
Judgment 334
40th Session, 1978
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
There is no need to consider the complainant's allegation of bias. "The Tribunal merely observes that the [decision to terminate the complainant for abolition of post] would be tainted with abuse of authority only if there had been no objective grounds for it." In the instant case there were such grounds.
Reference(s)
Organization rules reference: SECTION 9.1 ITU STAFF REGULATIONS AND STAFF RULES
Keywords:
abolition of post; abuse of power; bias; decision; evidence; grounds; lack of evidence; misuse of authority; termination of employment;
Judgment 280
37th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The complainant contends that the sole purpose of [the] unusual series of competitions was to eliminate him. In other words, he alleges abuse of authority [...]. Even if the argument were well founded [...] that would not mean that the competitions were tainted with any procedural flaw." Nothing prevented the organization from holding further competitions in the circumstances described.
Keywords:
abuse of power; competition; misuse of authority; procedural flaw;
Judgment 269
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"[T]he Tribunal will find that there has been abuse of authority where the abolition of a post is motivated, not by relevant and objective considerations, but by a desire to remove a staff member for whose dismissal there are no lawful grounds."
Keywords:
abolition of post; abuse of power; misuse of authority;
Consideration 3
Extract:
"[T]he abolition of post was not directed personally at the complainant. On the contrary, two other [officials serving as] editors and the art director lost their posts at about the same time. There is therefore no question of abuse of authority."
Keywords:
abolition of post; abuse of power; misuse of authority; reorganisation; staff reduction;
Judgment 245
33rd Session, 1974
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"[The] argument [of misuse of authority] can be accepted only if the Director-General was actuated by improper motives. Since it is the Director-General's duty to safeguard the [organisation's] interests at all times, the question arises whether the impugned decision [not to renew the complainant's contract] is in accordance with those interests. the tribunal will not substitute its own opinion of the nature of the [organisation's] interests for that of the highest authorities of the administration, which are the sole judges."
Keywords:
abuse of power; contract; discretion; fixed-term; judicial review; misuse of authority; non-renewal of contract; organisation's interest;
Judgment 241
33rd Session, 1974
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
There is no "question of misuse of authority. [Indeed] there is no reason to suppose that in terminating the complainant's appointment the Director-General was actuated by motives foreign to the organization's interests."
Keywords:
abuse of power; contract; fixed-term; misuse of authority; non-renewal of contract; organisation's interest;
Judgment 223
31st Session, 1973
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
It appears from the evidence that the "sole purpose [of the decision not to renew the complainant's contract upon his reaching retirement age] was to remove [him]." Certain irregularities could be observed in his service, but no serious inquiry was made nor any disciplinary proceedings undertaken. "[T]he decision [...] was based on mere suspicions unsupported by the slightest evidence, and is therefore tainted by misuse of authority and must be quashed."
Keywords:
abuse of power; age limit; contract; disciplinary procedure; fixed-term; inquiry; investigation; lack of evidence; misconduct; misuse of authority; non-renewal of contract; retirement;
Considerations
Extract:
The non-renewal decision having to be quashed for misuse of authority, account must be taken of material and moral damage and of the fact that the complainant could not have been retained in service beyond the age of 65. "It would therefore be a fair assessment of the circumstances as a whole to award [...] compensation in an amount of 35,000 Swiss francs, less the sum already granted to him by [the organisation]."
Keywords:
abuse of power; age limit; amount; contract; criteria; fixed-term; material damages; misuse of authority; moral injury; non-renewal of contract; retirement;
Judgment 166
25th Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[T]he fact that other staff members whose contracts, like that of [the complainant] had not been extended were able to find other posts within the [organization] does not in itself prove that the decisions not to appoint the complainant to the [...] posts [applied for] are tainted by misuse of authority. While it may be a matter for regret that [the complainant], whose efficiency is not in question, should have had to leave the service of [the organization], the Tribunal can only find that the decisions impugned are legally valid."
Keywords:
abuse of power; contract; discretion; equal treatment; fixed-term; judicial review; misuse of authority; non-renewal of contract;
Judgment 139
22nd Session, 1969
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"[I]f the Director-General suppresses a post and then re-establishes it soon after, there is reason to suppose that he was guided by reasons other than the efficiency of the administration, that is to say that he has abused his discretionary powers."
Keywords:
abolition of post; abuse of power; misuse of authority;
Consideration 1
Extract:
"The decision to suppress a post lies within the Director-General's discretion. [...] In order to meet the objection of abuse of authority, the decision must be justified in the interests of the service. Consequently it must have the lasting effect of reducing the size of the staff, that is to say the expenses of the organization. It is not necessary, however, that the duties of the person holding the post should be abolished. They can be assigned to other staff members [...] on condition that this is not merely a provisional measure."
Keywords:
abolition of post; abuse of power; budgetary reasons; misuse of authority; organisation's interest; staff reduction;
Judgment 133
21st Session, 1969
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"[A]s an organisational act the decision to deprive a staff member of his post lies within the Director-General's discretion and can be reviewed by the Tribunal only if it is in irregular form or tainted by procedural irregularity, or tainted by illegality or based on incorrect facts, or if essential facts have not been taken into consideration or conclusions which are clearly false have been drawn from the documents in the dossier. This is the case whenever such an act is taken for the sole purpose of removing a staff member for whose termination no other statutory reason can be found."
Keywords:
abolition of post; abuse of power; discretion; judicial review; misuse of authority; organisation's interest; termination of employment;
Judgment 29
6th Session, 1957
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The hearing of the witness called by the Tribunal on the request of the complainant as a result of which the complainant purported to show that there was a concerted hostile attitude of a political nature against him, has not resulted in any such proof but has only shown that certain frivolous and slanderous allegations were brought in issue, while no misuse of authority has been proved."
Keywords:
abuse of power; bias; lack of evidence; misuse of authority; oral proceedings; testimony;
Judgment 21
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration (L)
Extract:
"The Director-General of an international organisation cannot associate himself with the execution of the policy of the government authorities of any State member without disregarding the obligations imposed on all international officials without distinction and, in consequence, without misusing the authority which has been conferred on him solely for the purpose of directing that organisation towards the achievement of its own, exclusively international objectives."
Keywords:
abuse of power; executive head; independence; member state; misuse of authority; official;
Judgment 17
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
On the substance (E)
Extract:
Vide Judgment 21, consideration (l).
Reference(s)
ILOAT Judgment(s): 21
Keywords:
abuse of power; executive head; independence; member state; misuse of authority; official;
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