Judgment No. 4040
1. The impugned decision dated 18 April 2016 is set aside, as is the decision of 7 October 2015.
2. The case is remitted to the ILO for the Director of the Centre to reconsider the report of the GAC and make a new decision.
3. The ILO shall pay the complainant moral damages in the amount of 10,000 euros.
4. The ILO shall also pay the complainant 1,000 euros in costs.
5. All other claims are dismissed.
The complainant challenges the rejection of her request for the reclassification of her post.
complaint allowed; decision quashed; case sent back to organisation; post classification
[T]he Tribunal has no competence to order an organisation to promote a staff member (see, for example, Judgment 3370, consideration 8).
Jugement(s) TAOIT: 3370
The word “appeal” can comprehend a range of diverse procedures. In some contexts it will be a reference to a complete reconsideration of the subject matter of the appeal without regard to the views of the body from which the appeal is brought. In such a case, the appeal body makes a decision or assessment afresh. In other contexts it might involve an assessment of whether an error was made by the body from whom the appeal is brought and in the absence of error, the appeal will be unsuccessful. If error is identified, the role of the appeal body may be to make the decision or assessment itself or it may be to remit the matter to the body from whom the appeal was brought. Ultimately, what is comprehended by the word “appeal” must be determined by reference to the context in the normative legal document in which the appeal process is established.
The Tribunal is satisfied that the Director erred in identifying error on the part of the GAC [...], in the decision of 7 October 2015. The impugned decision of 18 April 2016 dismissing the internal complaint was based on that earlier decision. Accordingly, the impugned decision should be set aside as should the decision of 7 October 2015. The matter should be remitted to the ILO for the Director of the Centre to reconsider the report of the GAC and make a new decision.
case sent back to organisation
[T]he duties and responsibilities of a post are the focus of a reclassification exercise, rather than the performance of the incumbent in the post.