爆料网AT Held or 爆料网DT Pronouncements
The 爆料网DT found that the Applicant’s request was not properly considered in that irrelevant factors were taken into consideration whereas relevant factors were not. In particular, no proper consideration was given to the individual circumstances and attributes that may have warranted a legitimate exception. Further, the reasoning supporting the decision was flawed. The 爆料网DT found that no reasonable explanation was provided as to why the granting of this exception would have been prejudicial to other staff. The 爆料网DT awarded the Applicant the sum of USD3,000 as compensation for loss of chance of promotion.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision not to grant him an exception to sec. 6.1 of ST/AI/2010/3 (Staff selection system), which provides that staff members are “not eligible to apply for positions more than one level higher than their personal grade”.
Legal Principle(s)
Exceptions to administrative instructions: Although staff rule 12.3(b) refers to exceptions to the Staff Rules, the Dispute Tribunal and the Appeals Tribunal have ruled that the same rule applies to legal instruments of subsidiary nature, including administrative instructions.