Judgment No. 39
Decision
THE COMPLAINT IS RECEIVABLE BUT NOT WELL FOUNDED.
Considerations
Extract:
"In the absence of any evidence that a particular decision taken in virtue of [the sovereign authority of the legislative organs and the Secretary-General] was arbitrary or in bad faith [...] the Tribunal cannot constitute itself as a body competent to scrutinise the classification of officials and thus to assume a hierarchical authority over the organisation and its executive head."
Keywords
competence of tribunal; post classification; grade; judicial review; discretion
Considerations
Extract:
"Any complaint relying in substance on an individual appreciation of the relative merits of one official as against another is bad in law and must fail, the Tribunal not having jurisdiction in the absence of evidence showing that the complainant was the subject of arbitrary or improper treatment amounting to an illegality under the Staff Regulations."
Keywords
competence of tribunal; work appraisal; discretion
Considerations
Extract:
"The adoption of revised salary scales together with a new classification plan [...] cannot in itself be put forward as justification for proceeding to an arbitrary and unfair treatment of officials [...]. Any such system may only be applied in the interest of the organisation and in accordance with the guarantees [set out in the Staff Regulations]; it is only where evidence has been adduced before the Tribunal to show that the organisation failed properly and fairly to observe the terms of an official's appointment and of the [...] regulations applicable that a claim would be in judgment."
Keywords
equal treatment; staff regulations and rules; amendment to the rules; provision; post classification; grade; salary; scale; judicial review
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