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Judgment No. 1000

Decision

1. THE DECISIONS THAT SET THE COMPLAINANTS' PAY IN KEEPING WITH THE SALARY SCALES THAT CAME INTO EFFECT AT 1 OCTOBER 1987 ARE SET ASIDE.
2. THE CASES ARE SENT BACK TO THE AGENCY FOR THE RECALCULATION OF THEIR PAY AS PRESCRIBED ABOVE.
3. THE AGENCY SHALL PAY THE COMPLAINANTS A TOTAL OF 40,000 FRENCH FRANCS IN COSTS.

Consideration 12

Extract:

see judgment no. 1001, consideration 12.

Reference(s)

Jugement(s) TAOIT: 382, 622, 825, 1001

Keywords

general decision; receivability of the complaint; competence of tribunal; inquiry; salary; decision-maker; reduction

Consideration 12

Extract:

see judgment 1001.

Reference(s)

Jugement(s) TAOIT: 39, 972, 1001

Keywords

judicial review; discretion

Consideration 3

Extract:

"the parties agreed to dispense with prior referral to the joint appeals committee and to put the dispute directly to the tribunal, as rule 12.02.1(b) of the agency's provisional staff rules allows." because of that provision in the agency's rules, the requirement set out in article vii of the tribunal's statute is met.

Reference(s)

ILOAT reference: ARTICLE VII(1) OF THE ILOAT STATUTE
Organization rules reference: RULE 12.02.1(B) OF THE IAEA PROVISIONAL STAFF RULES

Keywords

receivability of the complaint; direct appeal to tribunal; exception; staff regulations and rules; enforcement; executive head; acceptance

Summary

Extract:

the complainants, who are employed by the iaea in the general service category, seek the quashing of decisions setting their pay according to the new salary scales brought in as from 1 october 1987. they are objecting to the flat 2.4 per cent salary cut included in scales drawn up on the basis of an international civil service commission recommendation to account for the so-called "commissary benefit". annex ii.b.1 of the agency's provisional staff regulations says that the pay of staff in the general service category shall be based on "the best prevailing conditions of employment in the locality" (fleming principle). the tribunal holds that for the purpose of establishing parity with local pay the only relevant items are the ones defined in the staff regulations and financial rules of the organisation and paid out of its own funds. it follows that such a benefit as access to the commissary, which is provided for neither in the staff regulations nor in the financial rules and is a form of tax relief bestowed by the host country at no cost to the organisation, may not count in a comparison of this nature. the agency's decision to reduce salaries is unlawful and cannot stand. the cases are sent back to the agency for the recalculation of their pay.

Reference(s)

Organization rules reference: ANNEX II.B.1 OF THE IAEA PROVISIONAL STAFF REGULATIONS

Keywords

complaint allowed; icsc decision; decision quashed; case sent back to organisation; flemming principle; headquarters agreement; staff regulations and rules; enforcement; general service category; reckoning; salary; fringe benefits; scale; privileges and immunities; flaw; elements; reduction



 
Dernière mise à jour: 09.10.2012 ^ haut