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Desk audit (873,-666)

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Keywords: Desk audit
Total judgments found: 3

  • Judgment 4502


    134th Session, 2022
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to reclassify her post.

    Consideration 7

    Extract:

    [T]he Tribunal will not substitute its own evaluation of the complainant’s post for the audit conducted by an expert who had the necessary training and experience to do so (see, for example, Judgments 929, consideration 5, and 2706, consideration 14). In her submissions, the complainant mainly repeats the arguments that she put forward at each step in the procedure regarding the increase and changes in the duties and responsibilities involved in her post and ultimately criticises the Organization for not accepting her version of the facts. However, the mistakes that she identifies, which tend to support the re-evaluation of the classification of her post, are insufficient to warrant a finding that the impugned decision was unlawful. As has already been stated in consideration 6,[...] it is settled case law that the Tribunal’s role is not to substitute its assessment for that of the Organization concerning the classification of a post.
    The position would only be different if the file showed that the Organization had committed an obvious error of judgement when assessing the duties attached to the complainant’s post, [...]. The position would likewise be different if the file showed that an essential fact was overlooked when the decision was taken.

    Reference(s)

    ILOAT Judgment(s): 929, 2706

    Keywords:

    desk audit; post classification; role of the tribunal;



  • Judgment 4336


    131st Session, 2021
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to reclassify his post from grade level G-4 to grade level G-5.

    Judgment keywords

    Keywords:

    complaint dismissed; desk audit; post classification;



  • Judgment 4221


    129th Session, 2020
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the rejection of her request for reclassification of her post.

    Consideration 17

    Extract:

    The complainant seeks damages on the ground that her right to a fair trial and to professional legal help during the desk audit or before the Appeals Board was breached. This claim is unfounded. There is no regulatory provision or statement in the case law that makes it mandatory that a staff member be represented by counsel either during the conduct of a desk audit or in the internal appeal proceedings (see, for example, Judgments 995, consideration 5, 1763, consideration 10, 1817, consideration 8, and 2660, consideration 8).

    Reference(s)

    ILOAT Judgment(s): 995, 1763, 1817, 2660

    Keywords:

    desk audit; due process; internal appeals body; legal assistance;


 
Last updated: 22.11.2024 ^ top