ILO is a specialized agency of the United Nations
ILO-en-strap
Site Map | Contact français
> Home > Triblex: case-law database > By thesaurus keyword > post

Judgment No. 3016

Decision

1. UNIDO shall pay the complainant 8,000 euros in moral damages.
2. It shall also pay her 3,000 euros in costs.
3. The complaints are otherwise dismissed.

Consideration 7

Extract:

Rejection of the complainant's request for reclassification of her post following a classification exercise.
"The classification of posts involves the exercise of value judgements as to the nature and extent of the duties and responsibilities of the posts. Accordingly, the Tribunal will not substitute its own assessment or direct a new assessment unless certain grounds are established. Consistent precedent has it that 'the Tribunal will not interfere with the decision [...] 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' (see Judgment 1281, under 2)."

Reference(s)

ILOAT Judgment(s): 1281

Keywords

grounds; post classification; post; judicial review; discretion; disregard of essential fact; flaw; formal flaw; procedural flaw; mistake of fact; mistaken conclusion; misuse of authority

Consideration 9

Extract:

"[T]he complainant's claim for egregious delay is founded. More than four years passed from the start of the post classification exercise to when the final decision was made, and that is excessive."

Keywords

claim; decision; late decision; complainant; delay; reasonable time; post classification



 
Last updated: 15.09.2017 ^ top