Judgment No. 1266
Decision
1. THE DECISIONS DETERMINING THE COMPLAINANTS' PAY ACCORDING TO THE SALARY SCALE APPLICABLE TO THE UNION'S GENERAL SERVICE STAFF ARE SET ASIDE AS FROM 1 JANUARY 1991 INSOFAR AS THE EXTRA WITHIN-GRADE STEPS GRANTED BY OTHER ORGANISATIONS IN GENEVA TO THEIR STAFF COUNTED IN RECKONING THAT SCALE.
2. THE CASE IS SENT BACK TO THE UNION SO THAT IT MAY ACT ON THIS RULING. IN ACCORDANCE WITH WHAT IS SAID IN 37 ABOVE IT SHALL DRAW UP A REVISED SCALE THAT DISCOUNTS THOSE STEPS FOR THE SAKE OF COMPARISON AND PAY THE COMPLAINANTS THE DIFFERENCE BETWEEN THE PRESENT FIGURE AND THE FIGURE ON THE REVISED SCALE. THE UNION SHALL FURTHER PAY THEM INTEREST AT THE RATE OF 8 PER CENT A YEAR ON THE ARREARS DUE UP TO THE DATE OF REVISION OF THEIR PAY.
3. IT SHALL PAY THE COMPLAINANTS 5,000 SWISS FRANCS EACH IN COSTS.
4. THEIR OTHER CLAIMS ARE DISMISSED.
Consideration 21
Extract:
Vide Judgment 1265, consideration 21.
Reference(s)
ILOAT Judgment(s): 382, 825
Keywords
icsc decision; tribunal; right of appeal; case law; organisation's duties; coordinated organisations; general service category; reckoning; salary; local status; scale; adjustment
Consideration 22
Extract:
Vide Judgment 1265, consideration 22.
Reference(s)
ILOAT Judgment(s): 1000
Keywords
icsc decision; complainant; cause of action
Consideration 23
Extract:
Vide Judgment 1265, consideration 23.
Reference(s)
ILOAT Judgment(s): 1197
Keywords
icsc decision; tribunal; adversarial proceedings; organisation's duties; duty to inform; coordinated organisations; general service category; reckoning; salary; local status; scale; adjustment
Consideration 24
Extract:
Vide Judgment 1265, consideration 24.
Keywords
icsc decision; competence of tribunal; right of appeal; organisation's duties; written rule; declaration of recognition; coordinated organisations; general service category; reckoning; salary; local status; scale; adjustment; official
Considerations 26-27
Extract:
Vide Judgment 1265, considerations 26 and 27.
Keywords
icsc decision; staff member's interest; general service category; reckoning; salary; local status; scale; adjustment; judicial review; discretion; limits; criteria
Considerations 26 and 28
Extract:
Vide Judgment 1265, considerations 26 and 28.
Keywords
icsc decision; case law; general service category; reckoning; salary; local status; scale; adjustment; judicial review; discretion; limits; criteria
Considerations 26 and 29
Extract:
Vide Judgment 1265, considerations 26 and 29.
Keywords
icsc decision; case law; municipal court; reckoning; salary; scale; adjustment; judicial review; discretion; limits; criteria
Consideration 38
Extract:
Vide Judgment 1265, consideration 38.
Keywords
tribunal; international civil service principles; breach; allowance; request by a party
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