Judgment No. 4810
Decision
The complaint is dismissed.
Summary
The complainant challenges the decision not to reclassify his post.
Judgment keywords
Keywords
post classification; reclassification; complaint dismissed
Consideration 3
Extract:
It is firmly established in the case law that the classification of posts is a matter within the discretion of the executive head of the organisation (or of the person acting on her or his behalf) (see, for example, Judgments 4186, consideration 6, and 3082, consideration 20). As a result, the Tribunal will only review such a classification on limited grounds. A classification decision can only be set aside if it was taken without authority, was made in breach of the rules of form or procedure, was based on an error of law or fact, overlooked an essential fact, was tainted with abuse of authority or if a truly mistaken conclusion was drawn from the facts (see, for example, Judgments 4437, consideration 2, 4384, consideration 4, 4186, consideration 6, 1647, consideration 7, and 1067, consideration 2). This is because the classification of posts involves the exercise of value judgements as to the nature and extent of the duties and responsibilities of the posts and the Tribunal will not substitute its own assessment for that of the competent authority (see, for example, Judgment 3294, consideration 8).
Reference(s)
Jugement(s) TAOIT: 1067, 1647, 3082, 3294, 4186, 4186, 4384, 4437
Keywords
post classification; judicial review
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