Judgment No. 208
Decision
THE COMPLAINT IS DISMISSED.
Consideration 3
Extract:
"The complainant may not [...] properly rely upon the failure to publish [recruitment] standards which apply to staff members recruited after his own appointment and which therefore do not directly concern him."
Keywords
lack of injury; receivability of the complaint; no cause of action; non-retroactivity; duty to inform; staff regulations and rules; amendment to the rules; provision; terms of appointment
Consideration 6
Extract:
"[T]he principle of equality must be applied within the limits imposed by efficient administration. [I]t would therefore be unreasonable to require an organisation to review the terms of appointment of all its staff in the light of the principle of equality as a result of changes in standards of recruitment."
Keywords
general principle; equal treatment; amendment to the rules; enforcement; terms of appointment; limits
Consideration 6
Extract:
"At the time of his appointment the complainant was subject to the old grading standards. His position was therefore different from that of staff members recruited in accordance with the new standards. Thus, since he was not in the same position as those staff members, the complainant did not suffer any discrimination in relation to them."
Keywords
equal treatment; staff regulations and rules; amendment to the rules; provision; terms of appointment; post classification; grade; seniority
Consideration 1
Extract:
In applying the provisions on post-grading the Director-General will exercise his discretion. The Director-General's decision to reject the complainant's request for regrading was in accordance with the material provisions, "that is to say [...] he took a decision which lay within his discretion."
Keywords
post classification; judicial review; discretion
Consideration 6
Extract:
"According to [a] principle which is applicable in international organisations as a general rule of law, even if not embodied in any specific text, persons who find themselves in a similar factual and legal position should be put on the same legal footing."
Keywords
general principle; equal treatment; no provision
Consideration 4
Extract:
"The improprieties alleged by the complainant relate to posts put up for competition subsequently to his appointment, i.e. to procedures to which he was not a party. An official is not, however, entitled to complain of procedures in which he is not involved [...] In the present case the Tribunal is not called upon to consider the allegation of improprieties of procedure."
Keywords
lack of injury; cause of action; no cause of action; competition; flaw; procedural flaw
Consideration 2
Extract:
"Insofar as [the Regulations] confer certain powers on the Director-General in respect of grading, they do not determine the substance of the measures to be taken. [...] Consequently in applying different standards in 1971 from those which had been applicable in 1968 the Director-General did not exceed his authority."
Keywords
staff regulations and rules; enforcement; post classification; discretion
Consideration 2
Extract:
"In order to invalidate the plea of lack of authority, it is enough to confirm that the Director-General did not overstep the limits of his powers, and it is not necessary to consider how he exercised those powers."
Keywords
competence; judicial review; decision-maker; discretion; executive head
|