Judgment No. 3834
1. The impugned decision is set aside.
2. UNESCO shall pay the complainant 40,000 euros in compensation for injury under all heads.
3. All other claims are dismissed.
The complainant challenges the rejection of her request for reclassification of her post.
In accordance with the Tribunal’s case law, a decision concerning the classification of a post is subject to only limited review. The Tribunal will set aside such a decision only if it has been taken without authority, has been made in breach of the rules of form or procedure, was based on an error of fact or law, has overlooked an essential fact, was tainted with abuse of authority or if a truly mistaken conclusion had been drawn from the facts (see, for example, Judgment 3589, under 4, and the case law cited therein).
Jugement(s) TAOIT: 3589
post classification; discretion
The Tribunal cannot order the Organization retroactively to reclassify the complainant’s post, as she requests, since it is not within the Tribunal’s competence to issue injunctions against organisations (see Judgment 3506, under 18).
Jugement(s) TAOIT: 3506