Judgment No. 263
THE COMPLAINT IS DISMISSED.
"[A]s a rule the decision whether or not to promote an official falls within the discretionary authority of the Director-General and is therefore subject to only limited review by the Tribunal. In general the Tribunal will not interfere with the decision unless [...]."
promotion; judicial review; discretion
The Director-General may before taking decisions lay down rules for promotion which he notifies to the staff. In formulating the rules the Director-General exercises real discretionary authority; accordingly, when the Tribunal has to determine the validity of such rules its power of review takes the limited form already described.
staff regulations and rules; provision; promotion; judicial review; discretion; flaw
"Article VII, paragraph 3, of the Statute of the Tribunal prescribes the possibility of appealing to the Tribunal where the administration fails to take a decision upon a claim within sixty days from the notification of that claim. [A provision] of the Staff Regulations [...] lays down the same rule in a different form. It provides that if a claim addressed to the Director-General or the Administrative Council has not been decided upon within sixty days of the date of its notification or submission it is deemed to be dismissed."
ILOAT reference: ARTICLE VII, PARAGRAPH 3, OF THE STATUTE
implied decision; failure to answer claim; receivability of the complaint; direct appeal to tribunal
In refusing to promote officials who had resigned the Director-General did not draw any clearly mistaken conclusion from the situation of such officials. Promotion may have two consequences: either a salary increase with new duties and greater responsibilities; or salary increase alone. "In the former case promotion would serve no purpose: the official who had resigned would remain for too short a time in the higher grade to which he had been promoted to perform the duties of the new post. In the latter case the decision not to promote the official is also warranted: [the] purpose [of promotion] is not merely to reward the official for past and present performance but also generally to encourage him to remain for a long period in the service of his employer."
organisation; promotion; separation from service; resignation; consequence; purpose; refusal