Judgment No. 831
1. THE FAO SHALL PAY THE COMPLAINANTS POST ADJUSTMENT ALLOWANCES RECKONED FOR FEBRUARY AND MARCH 1985 ON THE STRENGTH OF BAGHDAD CLASS 10.
2. THE COMPLAINTS ARE OTHERWISE DISMISSED.
3. THE INTERVENERS SHALL HAVE THE SAME RIGHTS AS THE COMPLAINANTS INSOFAR AS THEY ARE IN LIKE CASE IN LAW.
4. THE FAO SHALL PAY EACH OF THE COMPLAINANTS 500 UNITED STATES DOLLARS IN COSTS.
"The Tribunal is not competent to rule on the lawfulness of Assembly resolutions".
competence of tribunal; general assembly resolution; judicial review
"Whether or not the decision [of the International Civil Service Commission] is put into the Staff Regulations is immaterial: be that as it may it is binding on the Director-General only if lawful."
general decision; icsc decision; enforcement; judicial review; executive head; binding character; condition
"Another plea of the complainants' is that the [International Civil Service] Commission misused its authority by availing itself of the post adjustment with the improper intent of checking an allegedly undue widening of the margin. One reason why the plea fails is that, as has been seen, the Commission acted intra vires. In authorising the Commission to suspend the increase in the post adjustment the Assembly also authorised the purpose of doing so."
complaint allowed in part; icsc decision; suspensive action; salary; adjustment; post adjustment; judicial review; misuse of authority
"The Noblemaire principle [...] embodies two rules. One is that, to keep the international civil service as one, its employees shall get equal pay for work of equal value, whatever their nationality or the salaries earned in their own country. The other rule is that in recruiting staff from their full membership international organisations shall offer pay that will draw and keep citizens of countries where salaries are highest."
noblemaire principle; definition