Judgment No. 2535
Decision
1. The impugned decision is set aside.
2. UNIDO shall pay the complainant all arrears of salary and allowances that he would have received if he had been promoted to level L-5 on the date of the classification of his post, together with interest at 8 per cent.
3. All other claims are dismissed.
Consideration 14
Extract:
"In the complainant's case, the post he was assigned to [...] was classified as P-5 as of 9 September 1999. [...] However, apparently because the budget did not provide funds for the post until January 2000, he was not in fact promoted until 1 March 2000. The lack of budgetary provision is not a reason which can be validly invoked by an international organisation to deny a staff member a promotion to which he or she would otherwise have a right and to deny him or her the salary which is commensurate with the duties of the post occupied."
Keywords
delay; organisation's duties; grade; promotion; post; salary; budgetary reasons; date; effect; refusal; right
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