Judgment No. 1463
Decision
THE COMPLAINT IS DISMISSED.
Consideration 14
Extract:
"Several judgments say that a decision on a staff report, being a discretionary one, may be set aside only on limited grounds such as a mistake of fact or of law or failure to take account of some material fact: see [...] Judgments 724 [...], 806 [...] and 1144 [...]."
Reference(s)
ILOAT Judgment(s): 724, 806, 1144
Keywords
case law; performance report; judicial review; discretion; disregard of essential fact; mistake of fact
Consideration 3
Extract:
[T]he appointing authority is bound - patere legem quam ipse fecisti - to abide by the rules that it has itself issued and that have the force of law. So any breach of them will constitute a fatal flaw in the impugned decision.
Keywords
general principle; patere legem
|