Judgment No. 4740
Decision
The complaint is dismissed.
Summary
The complainant challenges his classification following a career review.
Judgment keywords
Keywords
post classification; complaint dismissed
Considerations 6 & 11
Extract:
The Tribunal observes that the allocation of a post to a benchmark job or to a higher grade within the same benchmark job following a career review carried out within that defined legal framework necessarily involves the exercise of a value judgement as to the nature and extent of the tasks and responsibilities attached to that post – in other words, the “level of functions” – as well as an assessment of the level of expertise of the staff member concerned. That value judgement must be left to the discretion of the executive head of the Organization and it is not for the Tribunal to replace the Organization’s assessment with its own. Consequently, in the same way as for decisions taken by an organisation in relation to the classification or reclassification of posts, the Tribunal will only review a decision in this area on limited grounds and will only set it aside if it was taken without authority, was made in breach of the rules of form or procedure, was based on an error of fact or law, if an essential fact was overlooked in the making of the decision, if a truly mistaken conclusion was drawn from the facts or if there has been an abuse of authority (see, for example, Judgments 4502, consideration 6, 4221, consideration 11, 4000, consideration 7, and 3589, consideration 4).
[...]
[T]he Tribunal [also] observes that, ultimately, the complainant is essentially asking it to re-examine the career review carried out by the Career Review Board on the grounds that it was fundamentally inaccurate and should be rejected “altogether”. However, it must be found that the complainant misconstrues the nature of the Tribunal’s power of review in such a situation. As stated in consideration 6, [...] it is not for the Tribunal to carry out its own evaluation of the nature and extent of the tasks and responsibilities attached to a post or of the level of expertise of the staff member in question, and the decision taken following a career review can only be set aside on limited grounds, none of which has been established in the present case.
Reference(s)
ILOAT Judgment(s): 3589, 4000, 4221, 4502
Keywords
post classification; judicial review
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