Judgment No. 869

• Organization: Food and Agriculture Organization of the United Nations (FAO)
• Date: 10.12.1987
• Original: English
• Judges: Ducoux, Gros Espiell, Carroll
• Full judgment text - Full judgment text (french)

Decision

1. THE IMPUGNED DECISION IS QUASHED.
2. THE ORGANIZATION SHALL PAY THE COMPLAINANT HER SALARY INCREMENT FROM 1 DECEMBER 1985 UNTIL THE DATE OF SEPARATION, IN JULY 1986.
3. SHE SHALL RECEIVE 500 UNITED STATES DOLLARS IN COSTS.

Consideration 19(C)

Extract:

"The organization [has] failed to prove that the complainant knew or ought to have known of the change in the operation of the provision." It concerned paragraph 315.323 of the FAO Manual on withholding salary increments.

Keywords

burden of proof; lack of evidence; duty to inform; staff regulations and rules; amendment to the rules; enforcement; provision

Summary

Extract:

Paragraph 315.323 of the FAO Manual, under which the Director of personnel of the FAO is competent to take decisions to withhold within-grade salary increments, was not complied with, and there is no evidence that the person who took the decision - the Director of external relations and general services for the World Food Programme - had been validly delegated to do so.

Reference(s)

Organization rules reference: PARAGRAPH 315.323 OF THE FAO MANUAL

Keywords

competence; evidence; lack of evidence; increment withheld; decision-maker; delegated authority