Judgment No. 3279
Decision
The joined complaints are dismissed.
Summary
The complaints regarding the classification of the complainants’ duties following an administrative reform were dismissed by the Tribunal.
Consideration 12
Extract:
The complainants contest the decision of Eurocontrol not to organize a promotion exercise for 2010.
"The Tribunal notes that as the decision was justified and is to be considered a proper exercise of discretion, and as the suspension of promotion exercises was planned for only one year, it is unfortunate that some staff were negatively affected by the decision but recognises that Eurocontrol must decide based on the overall well-being of the Organisation as a whole and cannot base its decisions only on the specific and particular situations of individual staff members."
Keywords
promotion; discretion; organisation's interest
Consideration 11
Extract:
"The Tribunal notes that consistent case law states that staff members are not entitled to promotions, as promotions are discretionary decisions (see Judgments 263, under 2, 304, under 1, 940, under 9, 1016, under 3, 1025, under 4, 1207, under 8, 1670, under 14, 2060, under 4, 2835, under 5, and 2944, under 22). In the present case, the decision was made not to hold a promotion round for 2010 due to the budgetary constraints. The Board proposed the relaunch of the promotion exercises in 2011, as mentioned above. Considering Eurocontrol’s intention to hold a promotion round for 2011 subject to the availability of budgetary funds, the Tribunal is of the opinion that the lack of a 2010 promotion round is not unlawful [...]."
Reference(s)
ILOAT Judgment(s): 263, 304, 940, 1016, 1025, 1207, 1670, 2060, 2835, 2944
Keywords
complaint; claim; decision; joinder; submissions; case law; promotion; judicial review; discretion
Judgment keywords
Keywords
career; promotion; complaint dismissed
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