Judgment No. 4312
The complaint is dismissed.
The complainant challenges the decision not to reclassify his post.
post classification; complaint dismissed
The complainant submits that the classification rules have become inappropriate, but he does not, in any event, provide any evidence that they have become unlawful. The ILO must therefore apply them in compliance with the principle tu patere legem quam ipse fecisti, according to which “[a]ny authority is bound by the rules it has itself issued until it amends or repeals them” (see Judgments 963, consideration 5, and 3883, consideration 20).
ILOAT Judgment(s): 963, 3883
The classification of posts necessarily involves the exercise of value judgements as to the nature and extent of the duties and responsibilities of the posts and it is not the Tribunal’s role to undertake that evaluation (see, for example, Judgment 3294, consideration 8). That classification is a matter within the discretion of the executive head of the organisation or the person acting on her or his behalf (see, for example, Judgments 3082, consideration 20, 4040, consideration 3, and 4186, consideration 6). That is why it is well established in the Tribunal’s case law that the grounds for reviewing the classification of a post are limited and ordinarily a classification decision would only be set aside if it was taken without authority, was made in breach of the rules of form or procedure, was based on an error of fact or law, overlooked an essential fact, was tainted with abuse of authority or if a truly mistaken conclusion was drawn from the facts (see, for example, Judgments 1647, consideration 7, and 1067, consideration 2).
ILOAT Judgment(s): 1067, 1647, 3082, 3294, 4040, 4186
post classification; judicial review; discretion