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Judgment No. 1086





In keeping with the Fleming principle and to make up for the end-of-service allowance paid to employees in Austria's private sector, general service staff at the IAEA, whose headquarters are in Vienna, got a percentage increase in gross salary from 1972 to 1987. As from 1987 the Agency brought in a system comparable to the one in Austrian enterprises. The complainants object to the IAEA's discounting service up to 1972 in reckoning the allowance. The Tribunal holds that by providing for a non-retroactive increase in applicable salary the Agency took a decision which had become final and that by replacing a system in force since 1972 by another was not in breach of any acquired right. No matter which method it followed, the Agency had complied with the Fleming principle.


time bar; flemming principle; non-retroactivity; terms of appointment; salary; terminal entitlements; compensatory measure; increase

Consideration 6


Having accepted the International Civil Service Commission's Statute, the IAEA must treat the Commission's recommendations as binding insofar as they are clear.


icsc decision; organisation; enforcement; binding character

Dernière mise à jour: 13.11.2018 ^ haut