Judgment No. 4290
The complaint is dismissed.
The complainant challenges the decision of the Director-General not to promote her in the 2018 performance-based promotion exercise.
promotion; complaint dismissed
The Tribunal recalled, in Judgment 4066, consideration 3, that its case law does not guarantee to staff members of an international organization an automatic right to promotion (see Judgment 3495, under 11). It is also well established that an organization has a wide discretion in deciding whether to promote a staff member. For this reason, such decisions are subject to limited review. The Tribunal will only interfere if the decision was taken without authority; if it was based on an error of law or fact, some material fact was overlooked, or a plainly wrong conclusion was drawn from the facts; if it was taken in breach of a rule of form or of procedure; or if there was an abuse of authority (see also Judgment 2835, under 5). Additionally, the Tribunal has stated that since the selection of candidates for promotion is necessarily based on merit and requires a high degree of judgement on the part of those involved in the process, a person who challenges it must demonstrate a serious defect in the decision (see Judgment 1827, under 6). The breach of a procedural rule is a flaw on the basis of which a decision not to promote a staff member may be set aside (see Judgment 1109, under 4).
ILOAT Judgment(s): 1109, 1827, 2835, 3495, 4066
promotion; judicial review; discretion