ILO is a specialized agency of the United Nations
Site Map | Contact français
> Home > Triblex: case-law database > By thesaurus keyword > discretion

Judgment No. 594



Consideration 7


"The matters cited by the complainant as showing prejudice and bias fall far short of establishing any abuse of authority on the part of the WHO and the allegation of personal prejudice and bias must be dismissed as groundless."


lack of evidence; post classification; bias

Consideration 8


"It is not every reformulation of the duties of a post that produces the result that there are increased duties and responsibilities within the meaning of [the material provision in the Staff Manual]. What must be shown is that the totality of enumerated duties, taken in the light of the everyday functioning of the post, in all the circumstances surrounding such functioning, represents an increase in the duties and responsibilities of the post. This the complainant has been unable to show."


amendment to the rules; post classification; post description; promotion; condition

Consideration 9


"The extent of the duties and the nature of the responsibilities attached to a post are questions of fact. These facts were the subject of investigation and assessment [...] after interviews with the complainant and after consultation with the regional administration and the technical staff at headquarters. The Tribunal will not substitute its own assessment or direct that a new assessment be made unless it is shown that the [organisation] acted on some wrong principle."


inquiry; post classification; judicial review; discretion; investigation

Last updated: 04.09.2020 ^ top