Judgment No. 994
Decision
1. THE DECISION OF 28 JUNE 1988 IS QUASHED INSOFAR AS IT CONFLICTS WITH THE DECISION TO REGRADE THE COMPLAINANT'S POST P.3 AS FROM 1 FEBRUARY 1984.
2. THE ORGANISATION SHALL PAY HIM 2,000 SWISS FRANCS IN COSTS.
Summary
Extract:
Three successive decisions to promote the complainant were taken: a promotion by direct selection from grade G.6 to P.3 as from 1 July 1986; a personal promotion from G.6 to G.7 as from 1 January 1985 and the outcome of a procedure which led to his post being regraded from G.6 to P.3 effective on 1 February 1984. The complainant challenges the Administration's decision to treat the regrading decision as void. The regrading decision was accepted by the complainant and showed no flaw. As it became final on the expiry of the time limit for challenge, the Administration may not go back on it.
Keywords
cumulative decisions; withdrawal of decision; time limit; post classification; professional category; promotion; personal promotion; flaw; condition
Consideration 10, Summary
Extract:
The Tribunal will only set aside a decision to the extent of the complainant's claims for relief.
Keywords
claim; competence of tribunal; limits
Summary
Extract:
The complainant was granted three concurrent promotions: the first by direct selection from grade G.6 to P.3 with effect from 1 July 1986; the second by personal promotion from G.6 to G.7 with effect from 1 January 1986; and the third as a result of the regrading of his post from G.6 to P.3 with effect from 1 February 1984. The Administration said he could choose between two options: either his promotion to P.3 as from 1 February 1984 would be deemed to have cancelled the earlier ones and, in keeping with Article 3.4.4 of the Staff Regulations, his pensionable remuneration would stay at the level it had reached at that date; or else he might keep the personal promotion and his pensionable remuneration would be at the level it had reached at 1 July 1986. The complainant having refused to choose between the two options, the Administration applied the second one. Insofar as that decision conflicts with the decision to regrade his post P.3 as from 1 February 1984 it cannot stand.
Reference(s)
Organization rules reference: ARTICLE 3.4.4 OF THE ILO STAFF REGULATIONS
Keywords
cumulative decisions; withdrawal of decision; post classification; general service category; professional category; promotion; pension; pensionable remuneration; consequence
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