Judgment No. 30
Decision
THE TRIBUNAL,
Rejecting any wider or contrary conclusions,
Finds for the complainant, in so far only as the retention of the title of Secretary is concerned, and rejects the remainder of the complaint.
Considerations
Extract:
"There can be no acquired rights as regards the relative position of an official within the administrative hierarchy, nor any right to promotion, the latter being within the exclusive authority of the official's superiors".
Keywords
acquired right; staff regulations and rules; promotion; supervisor; discretion; right
Considerations
Extract:
No regulations govern the conditions of employment of officials of branch offices. The complainant, an official of a branch office, was personally appointed secretary; it was natural that he should set great store by a distinction granted to him after 25 years of service. "The decision to change the complainant's title unjustifiably modified a former decision which had been in the nature of a personal reward; the Tribunal [...] finds for the complainant, insofar only as the retention of the title of secretary is concerned".
Keywords
field; amendment to the rules; no provision; terms of appointment; title of post
Considerations
Extract:
"The Tribunal already deplored in Judgment No. 11 [...] the absence of regulations laying down the conditions of employment of [...] officials [of branch offices]; [...] it is regrettable that such regulations have still not been drawn up and that consequently there are no rules of positive law" governing the matter. It does not follow that such officials should be exposed to arbitrary action by the Director-General.
Reference(s)
Jugement(s) TAOIT: 11
Keywords
field; competence of tribunal; no provision; judicial review; discretion
Considerations
Extract:
In the absence of any regulations, "there are no rules of positive law governing the conditions of employment of [...] officials [of branch offices such] conditions [...] are governed by general decisions of the Director-General and rules resulting from the partial assimilation of the conditions of service [...] to those of public servants in the country where the branch office is located and, in a subsidiary way, by general principles of law and, in particular, administrative law."
Keywords
field; applicable law; domestic law; no provision
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