Judgment No. 303

• Organization: International Patent Institute (IPI)
• Date: 06.06.1977
• Original: Français
• Judges: Letourneur, Grisel, Devlin
• Full judgment text (anglais) - Texte intégral du jugement

Decision

THE COMPLAINTS ARE DISMISSED.

Consideration 1

Extract:

Vide Judgment 304, consideration 1.

Reference(s)

Jugement(s) TAOIT: 304

Keywords

promotion; judicial review; discretion; executive head; refusal

Consideration 2

Extract:

The complainants contend that they were not informed of the criteria and recommendations for promotions drawn up by the Careers Committee. The requested documents have been circulated to the staff and this grievance therefore fails. "The texts were notified after the original memoranda, but before the rejoinders had been lodged: [...] the complainants were able to refer to those texts in the course of the proceedings and so their right to a hearing has not been infringed."

Keywords

no cause of action; case pending; disclosure of evidence; right to reply; promotion board; criteria

Consideration 3

Extract:

One of the complainants contends that the Careers Committee for promotions included the chief of the personnel service, the official who had determined his performance mark, and that the Committee's composition was therefore irregular. "But the fact that the chief of the personnel service should sit on such a committee is only normal. That official had a duty of impartiality both in marking the complainant's performance and in serving on the Careers Committee, and the two functions were therefore quite compatible."

Keywords

recusal; promotion board; supervisor; bias; composition of the internal appeals body