Judgment No. 36
Decision
THE COMPLAINT IS RECEIVABLE IN FORM BUT NOT WELL FOUNDED.
Considerations
Extract:
"In the absence of a decision injurious to the complainant, his complaint is quite unfounded."
Keywords
complaint; lack of injury; cause of action; no cause of action
Considerations
Extract:
"Although leave is granted on a request approved by the supervisor, such approval is subject to the requirements of the service [...]. The supervisor's discretionary power to determine such requirements is not a matter subject to control by the Tribunal [...]. Far from proving the 'excès de pouvoir' which he alleges, the complainant's case on this point is devoid of substance [...]. The refusal to grant the leave requested by the complainant therefore appears justified."
Keywords
leave; annual leave; supervisor; discretion; organisation's interest; refusal; right
Considerations
Extract:
"In drawing up the complainant's annual report, his supervisor did not deny the validity of the medical certificate submitted by the complainant to justify his absence but justly criticised the discourteous manner in which he had made use of a medical certificate to remain away from work [...]. The evaluation expressed in that report was made within the exercise of a discretion and constituted only a [preliminary] opinion [...]. There can be no recourse to the Tribunal in relation to this evaluation." The complainant was granted an annual increment on the basis of this report and there was therefore no decision which is injurious to the complainant.
Keywords
lack of injury; cause of action; no cause of action; performance report; conduct; supervisor; discretion
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