Judgment No. 3274
Decision
The complaint is dismissed.
Summary
The complaint about a post reclassification resulting from an administrative reform was dismissed by the Tribunal.
Judgment keywords
Keywords
post classification; reorganisation; complaint dismissed
Considerations 10-11
Extract:
It must be recalled that the Tribunal is not competent to review the advisability or merits of the changes which Eurocontrol has introduced in its staff management, for they form part of general employment policy which an organisation is free to pursue in accordance with its general interests (see Judgment 3225, under 6).
Contrary to the complainant’s submissions, the new job classification system does not, however, deprive him of his prospects of career advancement within Eurocontrol. He can still be promoted in either of the circumstances outlined above. Moreover, the complainant has produced no evidence that he would have been entitled to promotion when the change in his job title and grade was adopted. It was, however, only on this condition that the Director General would have had a duty to review the grade assigned to him subject to the particular conditions laid down by Article 6 of Rule of Application No. 35, after obtaining the opinion of the Committee in charge of job management monitoring.
The complainant considers that he should have been assigned the generic post of Service Manager or Senior Manager in a higher career bracket which, in his opinion, ought at all events to have led to his promotion to grade A*12. This is what he requested, without success, in his internal complaint of 27 September 2010. The classification of posts necessarily involves the exercise of a value judgement as to the nature and extent of the duties and responsibilities pertaining to the posts. Accordingly, the Tribunal will not substitute its own assessment or direct a new assessment unless certain grounds are established. Save when the impugned decision was taken without authority or shows some procedural or formal flaw, the Tribunal will interfere with the decision only if it is based on a mistake of fact or of law, overlooks some material fact, is an abuse of authority, or draws a clearly mistaken conclusion from the facts (see Judgments 1281, under 2, and 3016, under 7). It is therefore understandable that the complainant relies only on errors of judgement and the overlooking of material facts when a comparison was made of his respective powers and tasks in his old and new posts.
The complainant’s arguments are not sufficient to convince the Tribunal that the disputed classification decision is tainted with the flaws which he alleges. He has not established that when Eurocontrol transposed grades it should have promoted him to a higher grade on account of his work and experience.
Reference(s)
Jugement(s) TAOIT: 1281, 3016, 3225
Keywords
post classification; reorganisation; reclassification
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