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Judgment 39
7th Session, 1958
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"In the absence of any evidence that a particular decision taken in virtue of [the sovereign authority of the legislative organs and the Secretary-General] was arbitrary or in bad faith [...] the Tribunal cannot constitute itself as a body competent to scrutinise the classification of officials and thus to assume a hierarchical authority over the organisation and its executive head."
Keywords:
competence of tribunal; discretion; grade; judicial review; post classification;
Considerations
Extract:
"The adoption of revised salary scales together with a new classification plan [...] cannot in itself be put forward as justification for proceeding to an arbitrary and unfair treatment of officials [...]. Any such system may only be applied in the interest of the organisation and in accordance with the guarantees [set out in the Staff Regulations]; it is only where evidence has been adduced before the Tribunal to show that the organisation failed properly and fairly to observe the terms of an official's appointment and of the [...] regulations applicable that a claim would be in judgment."
Keywords:
amendment to the rules; equal treatment; grade; judicial review; post classification; provision; salary; scale; staff regulations and rules;
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