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Judgment No. 1025

Decision

THE COMPLAINTS ARE DISMISSED.

Consideration 2

Extract:

"Promotion is at the Secretary General's discretion [...] It is therefore subject only to limited review and the Tribunal will ordinarily set it aside only if it was taken without authority or in breach of a rule of form or of procedure, [etc]".

Keywords

promotion; judicial review; discretion

Consideration 2

Extract:

"The executive head must conform to the rules he has issued because they are binding in law, and any breach of them will be a fatal flaw in his decision." The rules at issue concern the grant of promotion.

Keywords

patere legem; written rule; enforcement; promotion; judicial review

Consideration 2

Extract:

"The Secretary General may as a rule amend a text that sets in general terms the conditions for promotion that are to hold good in future and [...] the Tribunal has only a limited power of review over texts of that kind."

Keywords

career; promotion; judicial review; discretion; condition

Consideration 4

Extract:

"The Tribunal has already declared that rules on promotion do confer an acquired right insofar as they offer staff an expectation of advancement. But the particular arrangements for the grant of promotion confer no such right because on recruitment staff cannot foretell how they will fare in their career. [...] In any event an organisation may change the rules on promotion for the sake of efficiency and so as to cope with changing circumstances."

Keywords

acquired right; amendment to the rules; career; promotion



 
Dernière mise à jour: 06.03.2020 ^ haut