Judgment No. 4186
Decision
The complaint is dismissed.
Summary
The complainant challenges the decision to reject his request for a job grading review.
Judgment keywords
Keywords
reclassification; complaint dismissed
Consideration 6
Extract:
It is well established in the Tribunal’s case law that the grounds for reviewing the classification of a post are limited and ordinarily a classification decision would only be set aside if it was taken without authority, was made in breach of the rules of form or procedure, was based on an error of fact or law, overlooked an essential fact, was tainted with abuse of authority or if a truly mistaken conclusion was drawn from the facts (see, for example, Judgments 1647, consideration 7, and 1067, consideration 2). Indeed, the classification of posts involves the exercise of value judgements as to the nature and extent of the duties and responsibilities of the posts, and it is not the Tribunal’s role to undertake this process of evaluation (see, for example, Judgment 3294, consideration 8). The grading of posts is a matter within the discretion of the executive head of an international organisation (or of the person acting on his behalf) (see, for example, Judgment 3082, consideration 20).
Reference(s)
ILOAT Judgment(s): 1067, 1647, 3082, 3294
Keywords
post classification; judicial review; discretion; reclassification
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