Judgment No. 395
Decision
THE COMPLAINT IS DISMISSED.
Summary
Extract:
The complainant, who held grade P.4, was appointed to a post for which he was to be paid a special post allowance corresponding to step 3 of grade P.5. He claimed promotion by direct selection to this grade. The decisions of the Director-General concerning his assignment and remuneration are not open to challenge. It appears from the provision respecting P.5 posts that "the Director-General enjoys discretionary authority and is free, but not obliged, to make an appointment by direct selection." The decision is not tainted with any of the flaws which entitle the Tribunal to interfere.
Keywords
promotion; special post allowance; judicial review; discretion
Consideration 1
Extract:
The two decisions of 1974 at issue "were not impugned before the Tribunal within the time limit. They had therefore become final when the complainant challenged them in [...] 1978 and remained in full legal force as long as they were neither amended by the Director-General himself nor invalidated by special circumstances of time or of place."
Keywords
complaint; decision; time limit; time bar
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