Judgment No. 1973

• Organization: International Telecommunication Union (ITU)
• Date: 12.07.2000
• Original: French
• Judges: Gentot, Egli, Ba
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Consideration 5

Extract:

"The Tribunal has always held that personal promotion constitutes advancement on merit to reward someone for services of a quality higher than that ordinarily expected of the holder of the post. The granting of personal promotion is a discretionary decision which, as firm precedent has it, is subject to only limited review and will stand unless it shows a fatal flaw. In a case such as the present one, in which the general rules regarding personal promotions have been adopted and communicated to the staff, the appointing authority is bound by these rules and the Tribunal will consider any violation of them to be a fatal flaw."

Keywords

case law; patere legem; breach; promotion; personal promotion; judicial review; discretion; executive head; limits; flaw