Judgment No. 3855
Decision
1. The decision of 26 February 2014 and the earlier decisions of 21 December 2012 and 15 March 2013 are set aside.
2. IFAD shall pay the complainant 5,000 euros in moral damages.
3. It shall also pay him costs in the amount of 3,000 euros.
4. All other claims are dismissed.
Summary
The complainant challenges the decision to maintain his position at the same grade.
Judgment keywords
Keywords
complaint allowed; decision quashed; post classification
Consideration 3
Extract:
It is clear from the evidence in the file that the ad hoc appeal procedure instituted [...] to challenge classification decisions resulting from the implementation of the job audit [...] is different to that set up under Staff Rule 9.1. However, in seeking to demonstrate that the plea raised in this connection by the complainant is without merit, IFAD has not established that its President, who adopted the contested alternative appeal procedure [...], had the authority to do so and thereby to depart from the procedure laid down by the aforementioned Staff Rule. For this reason, the procedure [...] is unlawful in that it precludes the application of Staff Rule 9.1.
Keywords
internal procedure
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