Judgment No. 149
1. The Director-General's decision of 5 March 1970 is quashed in so far as it relates to the withholding of the regular salary increase for a period of three months from 1 November 1968.
2. Miss Liotti is entitled to the salary increase from 1 November 1968 to 31 January 1969.
3. The remainder of the complainant's claims are dismissed.
The appeals body which heard the persons closely concerned with the appeal, found that the increase had been withheld out of personal prejudice. Under the applicable provision, the body was competent "to find the existence of prejudice. the Director-General therefore committed an error of law in stating [...] that he could not endorse the recommendation of the Appeals Committee on this point simply on the ground that the committee was not competent to make such a recommendation."
complaint allowed; decision; grounds; internal appeals body; competence; recommendation; report; decision quashed; enforcement; step; increment withheld; salary; executive head; flaw; bias; refusal
The complainant deplores delays in the internal procedure. "The sanction for the violation of [the provision on internal appeals] is contained in that rule itself: an official who receives no reply to his complaint before the prescribed deadline is entitled to appeal [...] the complainant exercised that right and therefore suffered no injury." The material delays are no proof of prejudice.
procedure before the tribunal; lack of injury; administrative delay; internal appeal; flaw
The applicable provision "is specific that a staff member can only designate another staff member to represent him before the committee. It follows that any advice sought from some outside source must be paid for by the staff member himself."
complainant; internal appeals body; internal appeal; refund; counsel