Judgment No. 3251
The complaint is dismissed.
The complainant's request to be included on the list of eligible candidates for personal promotion was dismissed by the Tribunal.
"The Tribunal is of the opinion that the ILO conducted the 2008 personal promotion exercise in accordance with the applicable rules and procedures. The ILO properly applied the new Office Procedure (No. 125, which took effect from 22 October 2009) to the 2008 personal promotion exercise. [...] Considering that the 2008 promotion exercise was launched after Office Procedure No. 125 took effect, the ILO was correct to follow its provisions for the promotion exercise, and not those of Circular No. 334, Series 6, as the complainant suggests. The complainant did not have any acquired right to the 2008 promotion exercise, promotions being considered “an optional and exceptional discretionary measure which is subject to only limited review by the Tribunal” (see Judgments 2668, under 11, 1500, under 4, 1109, under 4, and 1973, under 5)."
Organization rules reference: Office Procedure No. 125; Circular No. 334, Series 6
ILOAT Judgment(s): 1109, 1500, 1973, 2668
acquired right; organisation's duties; written rule; staff regulations and rules; interpretation; provision; personal promotion; judicial review; discretion; condition
personal promotion; complaint dismissed