Judgment No. 106
Decision
THE COMPLAINT IS DISMISSED.
Consideration 4
Extract:
"It is established by the [evidence] that the change in [the complainant's] duties was the result of the reorganisation in some of the organisation's services [...] and that [he] freely accepted the post of chief of this new service, the real importance of which does not depend on whether it was of a permanent or temporary character. Hence [the] complainant's argument that the change in his situation [...] was not justified by the interests of the service and constituted downgrading is not well founded."
Keywords
assignment; transfer; reorganisation; organisation's interest; acceptance
Consideration 5(B)
Extract:
"Having conformed to his two-fold [statutory] obligation [to hear the opinion of the ad hoc committee and to base himself on the standards observed in other international organisations] the Director is free to exercise his discretion in carrying out the responsibilities assigned to him. It follows that the Administrative Tribunal must confine itself to determining whether" [at issue is the classification of posts].
Keywords
advisory body; rule of another organisation; post classification; consultation; judicial review; discretion; limits
Consideration 6
Extract:
The Tribunal's review has brought to light no irregularities. "While the Director in the exercise of his discretion might have arrived at a more favourable decision in respect of complainant, whose professional competence has never been questioned, it is not for the Tribunal, having exercised its power of review, to substitute its own judgment for that of the responsible authority."
Keywords
post classification; judicial review; discretion
Consideration 5(B)
Extract:
"The Director [...] was entitled to undertake a general reclassification of staff members within the prescribed grades at the time the new system was introduced, and [...] for the purpose of this reclassification the duties formerly performed by the staff members concerned had to be taken into account, but only as one factor among others."
Keywords
organisation's duties; staff regulations and rules; amendment to the rules; post classification; reorganisation
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