Judgment No. 585
THE COMPLAINT IS DISMISSED.
The applicable Staff Rule says that it is the Administrative Council which may decide to reclassify a post on a proposal by the President. As the President saw no reason for regrading the complainant, he had no proposal to put to the Council.
competence; post classification; executive head; executive body; proposal
"A decision against a change in grading is a discretionary one, and according to its case law the Tribunal will quash such a decision only if [...]".
post classification; judicial review; discretion
"What the right [to a hearing] requires is that the parties should have a chance to state their views before any decision is taken to their detriment. It does not mean that they must be allowed to comment at every stage in the procedure. In particular they have no right to be consulted by a branch whose opinion is sought by the decision-maker, and [the directorate] was not required to give the complainant a hearing when it was consulted for the second time about her grading."
right to reply; post classification; condition