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Judgment No. 262

Decision

1. The complainant is promoted from grade A7 to grade A6 with effect from 1 January 1974.
2. The Institute is ordered to pay the complainant interest at the rate of 6 per cent a year on the overdue sums with effect from the dates on which they ought to have been paid.
3. The Institute is ordered to pay the complainant costs amounting to 200 guilders.
4. The remainder of the complainant's claim is dismissed.

Consideration 4

Extract:

"...the complainant is justified in contending that [two criteria respecting promotion] of the director-general's circular to the staff are applicable. he is therefore as a matter of course entitled to rely on the provision which is more favourable to him. ... the former provision is ... more favourable to the complainant than the latter, which the director-general was wrong in taking as the basis for his decision. the impugned decision should therefore be reviewed."

Keywords

complaint allowed; decision quashed; equal treatment; administrative instruction; provision; promotion; criteria; difference; right

Consideration 1

Extract:

vide judgment 263, consideration 2.

Keywords

promotion; judicial review; discretion

Consideration 5

Extract:

"in principle a complainant whose complaint is allowed in whole or in part is entitled to costs, to be paid by the defendant organisation. there is no need for the complainant to have put in an express claim for such costs. nor is it material whether he has been assisted or represented by counsel. however, costs are payable only to the extent warranted by the circumstances of the case, that is to say its nature, importance and complexity and the actual contribution made by the complainant or his counsel to the proceedings."

Keywords

complaint allowed; costs; amount; consequence; elements

Consideration 1

Extract:

vide judgment 263, consideration 2.

Keywords

staff regulations and rules; provision; promotion; judicial review; discretion; flaw

Consideration 3

Extract:

the director-general informed the staff of the criteria for promotion applicable in 1974. one of these criteria refers to officials who reached a specific step "not later than" 1974. the other material criterion merely refers to those who by 1974 had a certain seniority at another step. "whether intentional or not, the difference between the two texts does not necessarily mean that the solutions should be different. the solution should nevertheless be based on objective reasons."

Keywords

provision; promotion; consequence; criteria; difference



 
Last updated: 27.04.2009 ^ top