Judgment No. 2129
THE COMPLAINTS ARE DISMISSED.
Considerations 7 and 8
"A steady line of precedent, such as that cited in Judgment 1786, under 5, confirms that when impugning an individual decision that concerns the staff member directly, the latter may challenge the lawfulness of any general measure [...] In this case, the complainants could have challenged the individual application of [the] Information Circular [fixing the rate of their travel per diem] to each of them as long as that circular remained in force. [And as they] did not expressly challenge the individual application of that circular to them in due time, [they] can no longer impugn it. The fact that [they] thought that they might succeed in negotiating an amicable solution and for that reason chose not to appeal does not justify lifting the time bar that applied."
ILOAT Judgment(s): 1786
complaint; general decision; grounds; individual decision; international civil servant; receivability of the complaint; cause of action; internal appeal; settlement out of court; right of appeal; time limit; time bar; case law; administrative instruction; enforcement; allowance; rate; collective bargaining
"The complainants [state] that, according to the Tribunal's case law (see Judgment 1821, for example), adjustments to international civil servants' salaries must satisfy objective criteria of stability, foreseeability and transparency. The Tribunal considers that this line of precedent - concerning the determination of staff salaries, which is necessarily governed by very strict rules - is not entirely applicable to the determination of allowances granted for a specific purpose, such as that of covering expenses incurred by staff members on travel status. Even if it claims to be acting in the exercise of its discretion, and although the legal framework surrounding its action remains vague or non-existent, the administration must base its decisions on objective considerations and avoid breaching any of the guarantees protecting the independence of international civil servants."
ILOAT Judgment(s): 1821
decision; duty to substantiate decision; grounds; international civil servant; case law; independence; organisation's duties; written rule; breach; no provision; analogy; salary; allowance; compensatory allowance; travel expenses; official travel; adjustment; discretion; compensatory measure; criteria; purpose; safeguard
The Organization's Regional Office was transferred from Brazzaville (Congo) to Harare (Zimbabwe). The amount of the per diem the complainants were paid was progressively reduced. "Since the travel per diem is merely intended to cover the essential expenses of a staff member on duty travel, including lodging and food, a high rate of travel per diem cannot be justified where duty travel, which by nature implies that the staff member will continue to work primarily at his or her original duty station, lasts for two years or more."
international civil servant; place of origin; amount; assignment; transfer; period; extension; allowance; compensatory allowance; travel expenses; rate; compensatory measure; payment; purpose; reduction