Judgment No. 257
Decision
1. THE DECISION OF THE DIRECTOR-GENERAL OF 13 JUNE 1974 IS QUASHED.
2. THE CASE IS REMITTED TO THE DIRECTOR-GENERAL TO ENABLE HIM, IF HE THINKS FIT, TO MAKE SUCH SPECIAL ARRANGEMENTS AS MAY NOW BE APPROPRIATE TO ENSURE THAT THE COMPLAINANT'S PENSION IS NOT LESS THAN IT WOULD HAVE BEEN IF AT THE TIME OF HER RETIREMENT HER PENSIONABLE REMUNERATION HAD BEEN THE FIGURE ATTACHED TO G.7, STEP IX.
Consideration 1
Extract:
"The two categories have separate salary scales and are subject to different systems of calculation for variations and adjustments to meet cost of living increases and so forth. The problems stem from the fact that there is no inter-relationship between the two systems with the consequence that, unless special provision is made, promotion could leave the staff member promoted financially worse off."
Keywords
general service category; professional category; promotion; salary; scale; adjustment; consequence; difference
Considerations 4-5
Extract:
"After the complainant's promotion the changes which occurred in salary scales and adjustments in the general service category were more beneficial to the staff than those which occurred in the professional category. [...] The consequence is that her annual pension is now [...] less than it would have been if she had not accepted promotion." The complainant ought not to have to suffer from her promotion.
Keywords
amendment to the rules; general service category; professional category; promotion; salary; scale; pension; consequence; reduction of salary
Consideration 5
Extract:
The material rule "leaves the solution to special arrangements to be made for maintaining the pensionable remuneration at its previous level [when promotion results in a reduction]. If the word 'on' is construed as meaning 'on or after' and the phrase 'at its previous level' is construed as meaning 'at the level at which it would otherwise have been', the word 'maintaining' can be given its full effect [...] Having regard to the manifest object of the rule, the Tribunal does not consider that this reading of it puts a strain upon the language which it cannot bear."
Keywords
staff regulations and rules; interpretation; provision; promotion; pension; pensionable remuneration; compensatory measure; consequence; reduction of salary
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