Judgment No. 1281

• Organization: International Telecommunication Union (ITU)
• Date: 14.07.1993
• Original: English
• Judges: Douglas, Razafindralambo, Gentot
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

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

competence; case law; post classification; judicial review; decision-maker; discretion; executive head; limits; disregard of essential fact; flaw; formal flaw; procedural flaw; mistake of fact; mistaken conclusion; misuse of authority; abuse of power