Judgment No. 929
1. THE DECISION OF 20 JANUARY 1988 ARE QUASHED AND CERN SHALL MAKE A NEW APPRAISAL OF THE COMPLAINANTS' POSTS.
2. IT SHALL PAY EACH OF THEM 1,500 SWISS FRANCS IN COSTS.
For several years the complainants have been trying to obtain review of the description and grading of their posts. Their claims have all been rejected. The Tribunal was satisfied that on the evidence the description of their duties was out of date. In the circumstances the organization committed a mistake of law by refusing to carry out the requested review.
amendment to the rules; post classification; post description; judicial review; flaw; elements
"The grading of a post depends on evaluation of the work done and the degree of responsibility involved. Such evaluation must be done by those who by training and experience are able to apply the relevant technical criteria, and the Tribunal will interfere only if the organization is shown to have applied the wrong principles or drawn illogical conclusions."
post classification; judicial review; discretion; limits