Judgment No. 4384
Decision
1. The ILO shall pay the complainant moral damages in the amount of 5,000 Swiss francs.
2. It shall also pay him costs in the amount of 800 Swiss francs.
3. All other claims are dismissed.
Summary
The complainant challenges the decision not to reclassify his post.
Judgment keywords
Keywords
complaint allowed; post classification
Consideration 4
Extract:
According to Judgment 4186, consideration 6, “[i]t 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). Indeed, the classification of posts 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 this process of evaluation (see, for example, Judgment 3294, consideration 8). The grading of posts is a matter within the discretion of the executive head of an international organisation (or of the person acting on his behalf) (see, for example, Judgment 3082, consideration 20).”
Reference(s)
ILOAT Judgment(s): 1067, 1647, 3082, 3294, 4186
Keywords
post classification
Consideration 7
Extract:
[A]s part of its duty of care, the Organization has an obligation to maintain a properly functioning appeal system which adheres to the established rules and regulations (see, for example, Judgment 3027, consideration 6).
Reference(s)
ILOAT Judgment(s): 3027
Keywords
internal appeal; organisation's duties; duty of care
Consideration 9
Extract:
With regard to the complainant’s request to disregard some of the paragraphs contained in the surrejoinder, the Tribunal accedes. Those paragraphs do not refute any arguments presented in the complaint or rejoinder and were inappropriate, and thus the Tribunal hereby disregards them.
Keywords
surrejoinder
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