Judgment No. 1279
1. THE IMPUGNED DECISIONS OF 26 NOVEMBER 1991 ARE SET ASIDE.
2. THE CASE IS SENT BACK TO THE DIRECTOR FOR A NEW DECISION ON THE SALARY SCALE TO BE TAKEN IN THE LIGHT OF THE PRESENT JUDGMENT.
3. THE INTERVENERS SHALL HAVE THE SAME RIGHTS AS THE COMPLAINANTS INSOFAR AS THEY ARE IN LIKE CASE IN FACT AND IN LAW.
4. THE ORGANIZATION SHALL PAY THE COMPLAINANTS A TOTAL SUM OF 50,000 FRENCH FRANCS IN COSTS.
A dissenting opinion by Judge Mella Carroll is attached to the judgment.
Considerations 14 and 15
Under PAHO Staff Rule 1230.7.1 no-one may appeal to the Board of Appeal until "all the existing administrative channels have been tried". The complainants advised the administration that they intended to appeal to the Board as soon as they had the assurance that they had exhausted the internal remedies. "The defendant was therefore not free in good faith to treat the complainants' internal appeals to the Board as being out of time by taking a date that made it impossible for them to satisfy the prior condition set in Rule 1230.7.1."
Organization rules reference: PAHO STAFF RULE 1230.7.1
complaint; complaint allowed; receivability of the complaint; internal appeal; time limit; decision quashed; case sent back to organisation; good faith; organisation's duties; staff regulations and rules; date
The organization carried out a review of the salary scales for general-service staff on the basis of an overall survey of local employment conditions. The complainants object to the new scales. "Whether the list of local employers makes a reasonable cross- section of economic sectors and whether the fund and the world bank are too closely linked to be taken separately are matters of appreciation that must ultimately be decided by the Director in the exercise of his discretion."
complaint allowed; decision quashed; case sent back to organisation; flemming principle; general service category; reckoning; salary; local status; scale; adjustment; discretion; executive head
"The purpose of time limits is to make for the stability in law that both sides require. Management has an interest in knowing that the decisions it takes are beyond challenge; and the staff too need to know, especially when administrative action is taken at successive stages from the general to the particular, just when they may act without fear of having their suit rejected as premature or time-barred."
complaint; complaint allowed; general decision; individual decision; receivability of the complaint; internal appeal; time limit; start of time limit; time bar; decision quashed; case sent back to organisation