L'OIT est une institution spécialisée des Nations-Unies
ILO-fr-strap
Plan du site | Contact English
> Page d'accueil > Triblex: base de données sur la jurisprudence > Par mots-clés du thésaurus > irrégularité

Judgment No. 370

Decision

THE COMPLAINT IS DISMISSED.

Consideration 8

Extract:

The decision not to promote the complainant is a matter of discretion. In this case, the Tribunal notes that the Director-General did not abuse his discretionary authority. "Moreover, the effects of the decision not to promote the complainant derive from the relevant rules. However detrimental the complainant may find them, they afford no reason for promoting him."

Keywords

staff regulations and rules; enforcement; provision; promotion; judicial review; discretion

Consideration 4

Extract:

"In the present instance [...] it was so obvious that no internal appeal would lie that the intermediary can hardly be blamed for not letting the appeals body itself declare the appeal irreceivable. In any case it would be unduly formalistic to quash the impugned decision because of a flaw which had no effect whatever on the proceedings or on the outcome of the case."

Keywords

lack of injury; receivability of the complaint; internal appeals body; internal appeal; flaw; procedural flaw



 
Dernière mise à jour: 20.04.2020 ^ haut