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Judgment No. 3043

Decision

The complaint is dismissed, as is the EPO's counterclaim.

Consideration 18

Extract:

"[A]d personam promotion constitutes advancement on merit to reward an employee for services of a quality higher than that ordinarily expected of the holder of the post. In the absence of any provision to the contrary, it is an optional and exceptional discretionary measure which is subject to only limited review by the Tribunal (see Judgments 1500, under 4, and 1973, under 5). This kind of promotion should certainly not be granted as redress for an alleged injury, as the complainant requests. The advancement of an official naturally obeys its own logic related to the classification of the job done and the professional merit of the person in question, which has nothing to do with the logic behind compensation for injuries which may have been caused to this person by the international organisation employing him or her (see Judgment 2706, under 8)."

Reference(s)

ILOAT Judgment(s): 1500, 1973, 2706

Keywords

claim; injury; organisation; exception; no provision; post classification; personal promotion; work appraisal; satisfactory service; post; judicial review; discretion; limits; compensation; compensatory measure; definition; purpose; refusal; request by a party



 
Last updated: 08.08.2011 ^ top