Misuse of authority (571, 572, 927,-666)
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Keywords: Misuse of authority
Total judgments found: 155
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Judgment 1317
76th Session, 1994
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 24
Extract:
Several recent rulings [...] sharply define the ambit of such review in line with the case law affirmed from the outset: see Judgments 956 [...] under 2 and 3; 1262 [...] under 4; and 1273 [...] under 8.
Reference(s)
ILOAT Judgment(s): 956, 1262, 1273
Keywords:
abuse of power; case law; contract; decision; discretion; due process; duty to substantiate decision; fixed-term; flaw; formal flaw; judicial review; mistake of fact; misuse of authority; non-renewal of contract; notice; organisation's interest; procedural flaw; right to reply;
Judgment 1315
76th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The Tribunal quashes the results of a competition because the appointment procedure was tainted with bias. This entails the quashing of the appointment of an external candidate. "The Tribunal expects that the President will take such measures as will ensure that [the external candidate], who accepted the [appointment] in good faith, suffers no material injury."
Keywords:
abuse of power; appointment; bias; competition; competition cancelled; flaw; good faith; misuse of authority; open competition; organisation's duties;
Judgment 1281
75th Session, 1993
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"According to the case law the grading of posts is a matter within the discretion of the executive head of an international organisation. So the Tribunal will not interfere with the decision impugned in this case unless it was taken without authority or shows some procedural or formal flaw or a mistake of fact or of law, or overlooks some material fact, or is an abuse of authority, or draws a clearly mistaken conclusion from the facts. Moreover, the Tribunal will not substitute its own assessment of the facts for the Secretary-General's."
Keywords:
abuse of power; case law; competence; decision-maker; discretion; disregard of essential fact; executive head; flaw; formal flaw; judicial review; limits; mistake of fact; mistaken conclusion; misuse of authority; post classification; procedural flaw;
Judgment 1273
75th Session, 1993
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"A decision not to renew an appointment, though discretionary, must be taken for proper reasons that are notified to the staff member. It will be unlawful if it was not taken by the competent authority and in line with the set rules of procedure, if there was a mistake of law or of fact or abuse of authority, or if some clearly mistaken conclusion was drawn from the evidence."
Keywords:
abuse of power; competence; contract; decision; decision-maker; discretion; due process; duty to substantiate decision; judicial review; limits; mistake of fact; mistaken conclusion; misuse of authority; non-renewal of contract; organisation's duties;
Judgment 1262
75th Session, 1993
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The case law has made it consistently plain that a decision not to renew a fixed-term appointment, being discretionary, may be set aside only if it was taken without authority, or in breach of a rule of form or of procedure, or was based on a mistake of fact or of law, or if some essential fact was overlooked, or if clearly mistaken conclusions were drawn from the facts, or if there was abuse of authority. Moreover, when the reason given for non-renewal is unsatisfactory performance, the Tribunal will not replace the organisation's assessment of the complainant's fitness for his duties with its own."
Keywords:
abuse of power; case law; contract; decision; discretion; disregard of essential fact; fixed-term; flaw; formal flaw; grounds; judicial review; mistake of fact; mistaken conclusion; misuse of authority; non-renewal of contract; procedural flaw; qualifications; unsatisfactory service;
Judgment 1246
74th Session, 1993
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"As the Tribunal has held on several occasions, for example in Judgment 1183, a decision by the Director-General not to confirm the appointment of a probationer 'is a discretionary one. Its power of review being limited, the Tribunal will set the decision aside only if it finds a mistake of fact or of law, or a formal or procedural flaw, or a clearly mistaken conclusion on the evidence, or neglect of an essential fact or abuse of authority.'"
Reference(s)
ILOAT Judgment(s): 1183
Keywords:
abuse of power; case law; decision; discretion; disregard of essential fact; extension of contract; flaw; formal flaw; judicial review; mistake of fact; mistaken conclusion; misuse of authority; probationary period; procedural flaw; refusal;
Judgment 1233
74th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"At the time of her dismissal for reasons of health under Staff Regulation 9.1 she was no longer able to carry out her duties and therefore met the conditions in that Regulation. The organization [...] afforded her all the safeguards international civil servants are entitled to. So there was no abuse of authority."
Reference(s)
Organization rules reference: UNESCO STAFF REGULATION 9.1
Keywords:
abuse of power; decision; health reasons; incapacity; medical fitness; misuse of authority; right to reply; staff regulations and rules; termination of employment; termination of employment for health reasons;
Judgment 1231
74th Session, 1993
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 26
Extract:
As the Tribunal has often held "there must be objective grounds for abolition, which must not be used as a pretext for dislodging undesirable staff: see Judgments 334 [...], under 5; 523 [...], under 5; 756 [...], under 2; and 807 [...], under 16 and 17."
Reference(s)
ILOAT Judgment(s): 334, 523, 756, 807
Keywords:
abolition of post; abuse of power; case law; misuse of authority; organisation's duties; purpose; termination of employment;
Considerations 31 to 33
Extract:
A new post to which the complainant had been assigned was then abolished. The facts "lend weight to the complainant's view that 'shunting' him - as he puts it - into an empty administrative post was just a start to removing him. What bears out the foregoing is that apart from the broad allusion to 'interests' the impugned decisions disclose no consistent idea of reform warranting the creation of the post [in question] in 1989 or the abolition of it in 1991. There is no discerning in what happened anything but a series of makeshift measures taken - at heavy cost to the organization's coffers - to dispose of the case of an official Interpol wanted to discharge in disregard of due forms and process. To that extent there is a parallel in law with a case the Tribunal deplored in Judgment 807 [...]."
Reference(s)
ILOAT Judgment(s): 807
Keywords:
abolition of post; abuse of power; case law; creation of post; judicial review; misuse of authority; organisation's interest; post held by the complainant; refusal to assign work;
Consideration 29
Extract:
The complainant requests the quashing of the organization's decision to terminate him and abolish his post. The Tribunal recalling - notably in Judgments 269 and 1207 - that it may exercise its power of review the conditions under which a post may be abolished and the subsequent consequences for the incumbent, determined that "the complainant's post was plainly created and abolished for no objective reasons, the sole purpose being to sort out the case of someone the organization was finding harder and harder to keep on because his presence had made for trouble."
Reference(s)
ILOAT Judgment(s): 269, 1207
Keywords:
abolition of post; abuse of power; case law; decision; misuse of authority; termination of employment; working relations;
Judgment 1221
74th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant seeks the quashing of an unfavourable assessment of her performance. "The assessment of her shows neither any mistake nor abuse of authority. [...] Since she has shown no significant mistake in [her generally negative] assessment and since the Tribunal exercises only a limited power of review over administrative decisions of that kind, her claims under this head must fail."
Keywords:
abuse of power; judicial review; mistake of fact; misuse of authority; performance report; rating; report;
Judgment 1175
73rd Session, 1992
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"As the case law makes plain - for example, judgments 736 [...] and 1161 [...] - a decision not to confirm a probationer's appointment is a matter of discretion for the President. Although the Tribunal may review the lawfulness of dismissal of a probationer, the nature of the decision is such that its power of review is limited. It will set aside the decision only if there was a mistake of fact or law, or a formal or procedural flaw, or if some essential fact was overlooked, or if a clearly mistaken conclusion was drawn from the evidence, or if there was abuse of authority."
Reference(s)
ILOAT Judgment(s): 736, 1161
Keywords:
abuse of power; case law; contract; discretion; disregard of essential fact; flaw; formal flaw; grounds; judicial review; limits; mistake of fact; mistaken conclusion; misuse of authority; probationary period; procedural flaw; termination of employment;
Judgment 1161
72nd Session, 1992
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"As the case law makes plain - for example, Judgments 687 [...] and 736 [...] - a decision not to confirm a probationer's appointment is a matter of discretion for the [executive head] and the Tribunal will not substitute its own judgment for the organisation's in matters that require such exercise of discretion. Although the Tribunal may review the lawfulness of dismissal of a probationer, the nature of the decision is such that its power of review is limited. It will set aside the decision only if there was a mistake of fact or law, or a formal or procedural flaw, or if some essential fact was overlooked, or if a clearly mistaken conclusion was drawn from the evidence, or if there was abuse of authority."
Reference(s)
ILOAT Judgment(s): 687, 736
Keywords:
abuse of power; case law; discretion; disregard of essential fact; flaw; formal flaw; judicial review; mistake of fact; mistaken conclusion; misuse of authority; probationary period; procedural flaw; termination of employment;
Judgment 1129
71st Session, 1991
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"There will indeed be misuse of authority where an administration acts for reasons that are extraneous to the organisation's best interests and seeks some objective other than those which the authority vested in it is intended to serve." There is no evidence that the organization, which followed the prescribed procedure and did its utmost to find another post for the complainant, dismissed him for reasons other than those linked to the financial crisis it was facing.
Keywords:
abolition of post; abuse of power; budgetary reasons; definition; grounds; misuse of authority; organisation's interest; procedure before the tribunal; reassignment; termination of employment;
Judgment 1116
71st Session, 1991
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6-7, Summary
Extract:
The complainant argues that his post was not abolished for reasons of financial stringency. What he alleges prompted his dismissal was a desire to get rid of him, and that led to abuse of authority. He cites as evidence of this UNESCO's extension of his appointments over a five-year span for only very short periods. The Tribunal finds no evidence of liability on UNESCO's part: the organization did its utmost to seek other employment for him.
Keywords:
abolition of post; abuse of power; budgetary reasons; lack of evidence; misuse of authority; reassignment; successive contracts; termination of employment;
Judgment 1115
71st Session, 1991
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6-7
Extract:
The complainant wants the Tribunal to set aside two reports which describe his work as unsatisfactory as well as decisions to suspend his salary step increase and not to extend his appointment. He alleges bad faith and abuse of authority on the part of the administration. There is conflicting evidence. "A complainant must discharge the burden of proof and satisfy an internal appeal body or the Tribunal that the balance of probability is that his allegations of fact are true. [...] The Tribunal has [...] considered all the evidence, including a transcript of a recording the complainant secretly made of a conversation with his supervisor. It finds that he has not discharged the burden of proving his allegations".
Keywords:
abuse of power; appraisal of evidence; burden of proof; complainant; conduct; contract; evidence; fixed-term; good faith; increment withheld; lack of evidence; misuse of authority; non-renewal of contract; performance report; recording; unsatisfactory service;
Judgment 1114
71st Session, 1991
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant, whose appointment had not been extended, "accuses the organization of acting arbitrarily because it made no effort to find a position for him, though it did seek to place other members of [his division]. But the explanation is that he had the possibility of reinstatement in the World Bank - and indeed he himself arranged [...] to go back to the Bank - whereas the other members [of the division] presumably had no such alternative to fall back on. In the circumstances there was no abuse of authority or arbitrariness in the organization's stand."
Keywords:
abuse of power; contract; fixed-term; misuse of authority; non-renewal of contract; reassignment;
Judgment 954
66th Session, 1989
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The Tribunal "holds that the abolition of his post and the termination of his appointment [...] were needed in the organization's interests and did not amount to any abuse of authority."
Keywords:
abolition of post; abuse of power; misuse of authority; organisation's interest; termination of employment;
Judgment 937
65th Session, 1988
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
"To prove abuse of authority the complainant must show that the reason for his dismissal had nothing whatever to do with serving the organization's interests."
Keywords:
abuse of power; disciplinary measure; evidence; lack of evidence; misconduct; misuse of authority; termination of employment;
Judgment 849
63rd Session, 1987
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"It appears from the evidence as a whole that the Director General's decision was not based on any inability of the complainant to carry out his duties, nor on the unsatisfactory performance by him of those duties, nor on any considerations relating to the necessities of the service or the interests of the organization. It is clear that the Director General's conclusion [...] that the complainant was guilty of serious misconduct constituted the sole and underlying reason for exercising his discretion as he did. The Tribunal has quashed that decision in Judgment 848 and holds that the impugned decision in the present proceedings, based solely on a conclusion which is wrong in law, constitutes an abuse of authority and cannot be allowed to stand."
Reference(s)
ILOAT Judgment(s): 848
Keywords:
abuse of power; contract; fixed-term; grounds; misrepresentation; misuse of authority; nationality; non-renewal of contract; serious misconduct;
Judgment 831
62nd Session, 1987
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
"Another plea of the complainants' is that the [International Civil Service] Commission misused its authority by availing itself of the post adjustment with the improper intent of checking an allegedly undue widening of the margin. One reason why the plea fails is that, as has been seen, the Commission acted intra vires. In authorising the Commission to suspend the increase in the post adjustment the Assembly also authorised the purpose of doing so."
Keywords:
abuse of power; adjustment; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;
Judgment 830
62nd Session, 1987
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
See Judgment 831, consideration 22.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
abuse of power; adjustment; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;
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