Judgment No. 4099
The complaint is dismissed.
The complainant challenges the decision to abolish her position.
abolition of post; complaint dismissed
According to the Tribunal’s case law, a decision concerning the restructuring of an international organization’s services, including one concerned with the abolition of a position, lies at the discretion of the organization’s executive head and is therefore subject to only limited review. The Tribunal must verify whether this decision was taken in accordance with the rules on competence, form or procedure, whether it involves an error of fact or of law, whether it constituted misuse of authority, whether it failed to take account of material facts or whether it draws clearly incorrect conclusions from the evidence. However, it cannot supplant the organization’s appraisal with its own (see, for example, Judgments 1131, consideration 5, 2510, consideration 10, 2933, consideration 10, and 3582, consideration 6).
ILOAT Judgment(s): 1131, 2510, 2933, 3582
abolition of post; reorganisation; judicial review; discretion
[T]he complainant [...] has no cause of action to challenge [the appointment of the incumbent] since, according to WHO’s undisputed submission, she did not apply for the post concerned.
cause of action
The complainant raises numerous grievances against WHO, claiming that she was a victim of collusion between certain officials, unfavourable bias, misuse of authority, discrimination and reprisals.
However, as the Tribunal has stated on many occasions, allegations of this kind can only be accepted if there is sufficient evidence to substantiate them (see, for example, Judgments 1775, consideration 7, 2116, consideration 4(a), 2885, consideration 12, 3380, consideration 9, 3543, consideration 20, or 3914, consideration 7).
ILOAT Judgment(s): 1775, 2116, 2885, 3380, 3543, 3914
burden of proof; misuse of authority
[T]here are no grounds for ordering the production of the various documents requested by the complainant, which would have no bearing on the outcome of the case[.]
disclosure of evidence