Judgment No. 1765
1. The impugned decisions are set aside.
2. The cases are sent back to the Organization for a new reckoning of the sums due to the complainants as from July 1994 in the light of this judgment.
3. The Organization shall pay the complainants a total of 5,000 Swiss francs in costs.
The International Civil Service Commission made a mistake in reckoning the multiplier used to work out the post adjustment in Geneva. "[The Organization] has the duty of checking the lawfulness of any decision by another body on which it bases its own decision. So too must it check the adequacy of action by that other body to correct any mistake it may have made, and make sure that such corrective action respects the rights of staff."
material error; complaint allowed; decision; icsc decision; organisation's duties; breach; salary; adjustment; post adjustment; right
The International Civil Service Commission made a mistake in reckoning the multiplier used to work out the post adjustment for Geneva from July 1994. "There is no merit to the Commission's plea that, not having got word of the mistake until August 1995, it need not apply the proper multiplier until four months later. For one thing [...] the data needed to put it right had been readily at hand for well over a year. It was for want, not of information, but of care on the part of the Commission or its secretariat that the mistake came about. For another thing, the plea betrays an utter failure to grasp what the four-month rule means. [...] It has no bearing whatever on the Commission's correction of any mistake of its own making."
material error; complaint allowed; icsc decision; liability; salary; adjustment; cost-of-living increase; post adjustment