Judgment No. 4597
Decision
The complaint is dismissed.
Summary
The complainant challenges the changes made with respect to her salary pursuant to the implementation of the unified salary scale as adopted by the United Nations General Assembly.
Judgment keywords
Keywords
general decision; icsc decision; un common system; complaint dismissed
Consideration 8
Extract:
WHO does not argue that the complaint is irreceivable but this is an issue the Tribunal can raise ex officio (see, for example, Judgment 4334, consideration 5).
Reference(s)
ILOAT Judgment(s): 4334
Keywords
receivability of the complaint; competence of tribunal
Consideration 9
Extract:
[T]he complainant impugns three decisions, namely, the decision to introduce a unified salary scale, the decision to reduce the dependency allowance and the decision to alter the benefits payable by way of education grant. As noted earlier, these are general decisions. The complainant characterises the decision of the Director-General of 9 August 2019 as an individual decision. In some senses it is, in that it disposed of the complainant’s particular appeal brought as an individual staff member. However, this is not the focus of the case law. A relevant individual decision is one in which a general decision is applied to the particular circumstances of the complainant in a way that adversely affects the complainant. It is for this reason that many general decisions are challenged by reference to a payslip in which individual payments are made to a complainant who seeks to argue the relevant general decision underpinning the payment has adversely affected her or him (see, for example, Judgment 3614, consideration 12). By confining challenges to general decisions in this way, two related objectives are achieved. The first is that it requires the Tribunal to focus on the individual circumstances of the complainant, given that the Tribunal’s jurisdiction conferred by its Statute is substantially concerned with individual grievances. The second concerns relief. Generally, the Tribunal’s power to grant relief (see Article VIII of the Tribunal’s Statute) is limited to remedying the effect of an organisation’s unlawful conduct in relation to the complainant alone and not relief cast more broadly.
Reference(s)
ILOAT Judgment(s): 3614
Keywords
general decision; receivability of the complaint; competence of tribunal
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