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Judgment No. 1713

Decision

1. The Director-General's decisions of 27 May 1996 rejecting the complainants' appeals against the reckoning of pay as from 1 November 1995 are set aside insofar as they reduce the language factor.
2. The cases are sent back for the Organization to reckon the complainants' pay in line with this judgment.
3. The FAO shall pay them a total of 50,000 French francs in costs.
4. Their other claims are dismissed.

Consideration 8

Extract:

"In choosing figures of local pay for the purpose of applying Flemming there can be no single hard-and-fast approach. As was held in Judgment 1265, the [ICSC] must be allowed some discretion over method, even though the Tribunal will still review the exercise of it. The decision impugned may not stand if, say, it overlooks or misconstrues some particular factor, or if some method is applied for the wilful contrivance of lower figures of local pay, or if corners are cut for the sake of saving time, but to the detriment of staff interests."

Reference(s)

ILOAT Judgment(s): 1265

Keywords

icsc decision; flemming principle; salary; judicial review; discretion; disregard of essential fact; flaw; mistake of fact; mistaken conclusion; misuse of authority

Consideration 14

Extract:

"The manner of applying Flemming does not turn on such variables as the desire of staff to keep their jobs or the ease or difficulty of finding good local recruits. What Flemming ordains is that general service staff shall have pay and other terms of employment that match the best on offer at their duty station."

Keywords

icsc decision; flemming principle; salary; elements; safeguard; official

Consideration 14

Extract:

"The dropping, and even the phasing out, of the language factor is a decision that ignores the peculiarities of the employment market in Rome. It therefore amounts to breach of the right of general service staff to one of the terms of employment - namely pay - that must [...] be 'among the best in the locality without being the absolute best'."

Keywords

icsc decision; flemming principle; breach; general service category; salary; language allowance; official

Consideration 15

Extract:

"The Tribunal will not entertain any general challenge to the policies of the [ICSC] or of the FAO: it will rule only on particular pleas from the parties."

Keywords

icsc decision; judicial review; discretion; limits



 
Last updated: 20.08.2020 ^ top