Judgment No. 2514
1. The implied decision rejecting the complainants' appeals of 19 August 2004 with respect to their being placed in the C4-C6 career band is set aside.
2. The EPO shall place each of the complainants in the C4-C6 career band with effect from 1 January 1999 until the date on which he was promoted to the B category.
3. It shall pay each of the complainants the salary difference, if any, resulting from his placement within the C4-C6 career band together with interest at the rate of 8 per cent per annum from the relevant dates.
4. The EPO shall also pay each complainant moral damages in the sum of 500 euros and costs in the sum of 250 euros.
5. The complaints are otherwise dismissed.
"The Tribunal has consistently held that it is for the competent body and, in the last resort, the executive head of the relevant organisation to grade staff members following an exercise involving the making of value judgements as to the nature and extent of the duties and responsibilities of the post. Accordingly, the Tribunal will only substitute its own assessment or direct a new assessment if it is shown, for example, that the competent body acted on some wrong principle or overlooked some material fact or reached a clearly wrong conclusion (see Judgments 594, 1067, 1152, 1281 and 1495)."
ILOAT Judgment(s): 594, 1067, 1152, 1281, 1495
complaint allowed; complaint allowed in part; case law; post classification; grade; post description; judicial review; discretion; executive head; limits; disregard of essential fact; mistake of fact; mistaken conclusion