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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

complaint allowed; complaint allowed in part; icsc decision; tribunal; right of appeal; decision quashed; case sent back to organisation; 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

complaint allowed; complaint allowed in part; icsc decision; complainant; cause of action; decision quashed; case sent back to organisation

Consideration 23

Extract:

Vide Judgment 1265, consideration 23.

Reference(s)

ILOAT Judgment(s): 1197

Keywords

complaint allowed; complaint allowed in part; icsc decision; tribunal; decision quashed; case sent back to organisation; 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

complaint allowed; complaint allowed in part; icsc decision; international civil servant; competence of tribunal; right of appeal; decision quashed; case sent back to organisation; organisation's duties; written rule; declaration of recognition; coordinated organisations; general service category; reckoning; salary; local status; scale; adjustment

Considerations 26 and 27

Extract:

Vide Judgment 1265, considerations 26 and 27.

Keywords

complaint allowed; complaint allowed in part; icsc decision; decision quashed; case sent back to organisation; 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

complaint allowed; complaint allowed in part; icsc decision; decision quashed; case sent back to organisation; 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

complaint allowed; complaint allowed in part; icsc decision; decision quashed; case sent back to organisation; case law; municipal court; reckoning; salary; scale; adjustment; judicial review; discretion; limits; criteria

Consideration 38

Extract:

Vide Judgment 1265, consideration 38.

Keywords

complaint allowed; complaint allowed in part; tribunal; decision quashed; case sent back to organisation; international civil service principles; breach; allowance; request by a party



 
Last updated: 22.11.2017 ^ top