Judgment No. 3133
The complaint is dismissed.
post classification; retirement age; complaint dismissed
As the complainant has not submitted any evidence that the post classification decision was vitiated by any flaws subject to the Tribunal's review (i.e. that it was taken without authority or in breach of a formal or procedural rule, or was based on a mistake of fact or of law, or overlooked some essential fact, or constituted abuse of authority, or drew mistaken conclusions from the factual evidence, etc.), there is no reason for the Tribunal to consider the decision unlawful.
The complainant accepted th[e] offer of a new contract (indeed it was her idea), albeit with the caveat that she did not agree with the grading of the post. This caveat merely served to indicate her readiness to contest the grading through the internal means of redress available to her, but did not in any way invalidate the contract itself.
reservation to a contract