Judgment No. 3063
The complaint is dismissed.
personal promotion; complaint dismissed
The Tribunal again notes, as it did in consideration 6 of Judgment 2837 concerning the complainant’s first complaint, that by its very nature the decision whether or not to grant a personal promotion is one which is taken at the discretion of the Director-General. As such, it is subject to only limited review by the Tribunal (see, in particular, Judgments 1500, under 5, 1815, under 3, and 2668, under 11). According to this case law, the Tribunal will set such a decision aside only if it shows certain flaws, such as a formal or procedural flaw, or a mistake of fact or of law, or if some essential fact was overlooked, if it was ultra vires, if there was misuse of authority, or if a conclusion drawn from the evidence is obviously wrong.
ILOAT Judgment(s): 1500, 1815, 2668, 2837
personal promotion; judicial review