Judgment No. 804
1. THE IMPUGNED DECISION IS SET ASIDE.
2. THE CASE IS REFERRED BACK TO THE ITU FOR REVIEW.
3. THE ITU SHALL PAY HIM 2,000 SWISS FRANCS IN COSTS.
"For want of other evidence the Tribunal cannot but conclude that the consultation required by the order [laying down the procedure to be followed when the reclassification of a post is requested] never took place. The requirement of an on-the-spot evaluation is not met by just taking note of the staff member's application: there must be a meeting and discussion with him on any points it may raise"
inquiry; right to reply; post classification; flaw; procedural flaw; investigation
At the date on which the complaint was filed, the organisation "had not yet taken any challengeable decision, there was no more than a recommendation by the Appeal Board [...] But the complainant put the mistake right not only within the time limit for filing the complaint but also within the one for correcting it which the registrar set [...] In the interests of fair process the correction will be allowed."
complaint; absence of final decision; late decision; receivability of the complaint; internal remedies exhausted; correction of complaint; date