Judgment No. 397
THE COMPLAINT IS DISMISSED.
The provision concerning the publication of a vacancy notice and consultation of the Appointment and Promotion Board "applies [...] to posts put up for open competition both within and outside the organisation. But the organisation's purpose was merely to alter the position of serving officials by giving them new duties or higher grades."
procedure before the tribunal; organisation's duties; reorganisation
"One purpose of giving reasons for a decision is to enable the staff member to defend his rights before an appeals body."
duty to substantiate decision; grounds; right to reply; purpose
The organisation maintains that the complaint is irreceivable because the Internal Board ought not to have heard the appeal and the means of redress open to the complainant were not duly exhausted. "Although the Appeal Board did not comply strictly with the letter of the rules of procedure, it did, as it states, respect their spirit. [...] The Appeal Board must be allowed some discretion in construing the internal rules of procedure and therefore cannot be taken to task for breach of those rules."
procedure before the tribunal; receivability of the complaint; internal appeals body; internal appeal; internal remedies exhausted; mistaken hearing of merits
"Although the complainant's argument was endorsed by the Appeal Board and did perhaps have some truth in it, it is not borne out by sufficient evidence for the Tribunal to find that the Secretary-General drew clearly mistaken conclusions from the facts."
internal appeals body; recommendation; tribunal; judgment of the tribunal; binding character; consequence
"The complainant alleges that the staff member appointed to the [...] post to which she herself lays claim has no experience in the subject of his work, and that she herself does. She nevertheless refrains from saying that he does not have the qualifications required and she has therefore failed to establish any breach of the principle laid down [in the material provision] whereby staff members are assigned to duties in accordance with their qualifications."