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Judgment No. 1912

Decision

THE COMPLAINTS ARE DISMISSED.

Consideration 10

Extract:

The organisation amended the Staff Regulations. The text adopted by the Council was a simplified version of the text that had been submitted for the opinion of a committee having staff representatives. The organisation maintains that the Chairman of the Staff Association indicated that the opposition to the text on the grounds of principle was unlikely to be removed by the simplified text and that another meeting of the Committee would be useless. "The fact that the Chairman of the Staff Association has made his position known does not mean that there is no need to consult an official body, made up of representatives of the administration and the staff who are entitled to make their views known quite independently and whose opinions can develop in the course of a discussion."

Keywords

advisory body; organisation's duties; staff regulations and rules; amendment to the rules; staff union; staff representative; advisory opinion

Consideration 11

Extract:

The organisation amended the Staff Regulations. The text adopted by the Council was a simplified version of text that had been submitted for the opinion of a committee having staff representatives. "A further consultation of a body which must give its opinion on a draft text is necessary only if substantial changes are made to the text[...]."

Keywords

advisory body; organisation's duties; staff regulations and rules; amendment to the rules; advisory opinion; purport

Consideration 15

Extract:

"The methodologies adopted by international organisations for setting and adjusting the remuneration of the staff, in principle, must enable results to be obtained that are stable, foreseeable and clearly understood [...] when the applicable method uses an external index, [...] not with a view to requiring the competent body to conform automatically to the index, but only as a simple orientation', which in itself is not a breach of any rights, the staff can only be protected against arbitrariness if the criteria used in deviating from the suggested orientation of the external index are objective, adequate and known to the staff."

Reference(s)

Jugement(s) TAOIT: 1821

Keywords

organisation's duties; duty to inform; rule of another organisation; coordinated organisations; salary; scale; adjustment; cost-of-living increase; bias; criteria

Consideration 18

Extract:

The Tribunal recalls "the recognised right of the staff of international organisations to receive - in the interest of international civil service itself - a level of remuneration equal to that in countries where, for comparable qualifications, the salaries are the highest."

Keywords

international civil servant; general principle; noblemaire principle; terms of appointment; salary

Consideration 19

Extract:

"International civil servants do not have an acquired right [...] to an automatic indexing of their salaries. [...] The establishing of regulations for the periodic adjustment of salary is within the discretion of the organisations provided that these regulations do not violate the principles of international civil service law and their application does not bring about an erosion of salary that could be regarded as substantially jeopardising the contractual balance between those organisations and their staff members."

Reference(s)

Jugement(s) TAOIT: 1118

Keywords

acquired right; international civil service principles; staff regulations and rules; terms of appointment; salary; adjustment; cost-of-living increase; discretion

Dissenting opinion

Extract:

A dissenting opinion by Justice Hugessen is attached to this judgment.

Keywords

dissenting opinion



 
Dernière mise à jour: 21.03.2017 ^ haut