Judgment No. 3177
1. The decision of 23 August 2010 is set aside, as is the prior decision of 18 August 2009.
2. UNESCO shall pay the complainant moral damages in the amount of 5,000 euros.
3. It shall also pay him 1,000 euros in costs.
4. All other claims are dismissed.
The complainant challenges the decision to refuse to promote him to grade P-5.
Considerations 11 and 12
"The complainant alleges first that the Director-General did not properly delegate the authority to make the final decision at issue. The impugned decision was signed by the Director ad interim of HRM and not the Director-General.
This is not a question of delegation of authority. Contrary to the complainant’s arguments, the authorised decision-maker does not have to be the signatory to the final decision. In Judgment 2028, relied on by the complainant, the decision was flawed because no evidence was adduced that the person with authority had actually made the decision or properly delegated it (see Judgment 2028, under 8(3)). It is not a matter of who signed the decision, but rather who made the decision itself."
complaint allowed; complaint allowed in part; decision; general principle; decision-maker; delegated authority; executive head