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Judgment No. 2314

Decision

1. The impugned decision is set aside.
2. UNESCO shall pay the complainant the special post allowance for the post of Administrative Officer from 1 January 2002 until the date of its abolition.
3. Unless and until a proper evaluation is effected of the work performed by the complainant, but only for so long as he continues to perform all the duties and responsibilities of the abolished post of Administrative Officer, UNESCO shall pay him, by way of remuneration, the amount he would have received had he continued to be granted a special post allowance.
4. UNESCO shall pay the complainant interest at the rate of 8 per cent per annum on the moneys payable under points 2 and 3 above, calculated from the date on which they ought to have been paid until the date of payment.
5. It shall pay him 1,000 United States dollars in moral damages.
6. It shall also pay him 1,500 dollars in costs.
7. If it has not already done so, UNESCO shall pay the complainant's travel expenses and per diem allowance for travelling to Paris to present his appeal to the Appeals Board.

Consideration 21

Extract:

The post in respect of which the complainant was receiving a special post allowance was transferred but he has continued to perform the duties of the post. The Director-General has taken the view that transfer was equivalent to the abolition of the post and the allowance was terminated. The relevant Manual provision "does prohibit payment of a special post allowance when a post has been abolished. However, it does not and cannot relieve an employer of its duty to ensure proper remuneration for extra duties and responsibilities discharged by an employee over and above those of the substantive post which he or she holds."

Keywords

complaint allowed; international civil servant; organisation; organisation's duties; staff regulations and rules; provision; transfer; post held by complainant; salary; special post allowance; abolition of post; executive head; payment; refusal

Consideration 22

Extract:

"An employer is not absolved from the requirement to ensure equal treatment and equal pay for work of equal value merely because an employee has the right to seek reclassification of his or her post."

Keywords

complaint allowed; international civil servant; organisation; equal treatment; organisation's duties; post classification; salary; request by a party; right; safeguard; same

Consideration 23

Extract:

The post in respect of which the complainant was receiving a special post allowance was transferred but he has continued to perform the duties of the post. The Director-General has taken the view that transfer was equivalent to the abolition of the post and the allowance was terminated. "The principle of equal pay for work of equal value requires that, until a proper evaluation of the work performed by the complainant is carried out, he should be remunerated at a rate equivalent to that which he would have received by way of special post allowance for so long as he continues to perform all of the duties and responsibilities of the abolished post."

Keywords

complaint allowed; general principle; equal treatment; organisation's duties; transfer; work appraisal; post; salary; special post allowance; abolition of post; executive head; payment; refusal; same



 
Last updated: 05.09.2014 ^ top