Judgment No. 2770
1. The Director General's decisions to deny retroactive effect to the promotion to grade P-3 granted to the complainants are set aside, as are his decisions to deny a correction to their personal transitional allowances.
2. The matters relating to Ms D., Ms L. and Ms M. are remitted to the Director General for reconsideration on the basis that each promotion should be made retroactive to the date on which it would have been granted in accordance with the Guidelines on Promotion of Staff issued in Office Instruction No. 12/1998, if their supervisors' recommendations had been considered within three months of receipt and, if promotion would not then have been granted, on the basis that the recommendations would have been considered at six-monthly intervals.
3. The matter relating to Ms P. is remitted to the Director General for reconsideration on the basis that her promotion should be made retroactive to the earliest date on which it would have been granted in accordance with the Guidelines on Promotion of Staff set out in Office Instruction No. 12/1998, had her promotion been considered in April 2004 and, if she would not then have been promoted, on the basis that her promotion would have been considered at six-monthly intervals.
4. WIPO shall make such special arrangements as are appropriate to ensure that none of the complainants was at any stage in receipt of a lower salary than she would have received had she not been promoted from the General Service category to the Professional category, unless reconsideration of the effective dates of their promotion in accordance with points 2 and 3 above renders that unnecessary.
5. The Organization shall pay each of the complainants 15,000 Swiss francs by way of moral damages and 1,500 francs by way of costs.
6. The complaints are otherwise dismissed.
"Considerations of fairness and justice apply to merit promotions as well as to promotions resulting from reclassification."
complaint allowed; complaint allowed in part; equity; post classification; grade; promotion; personal promotion