L'OIT est une institution spécialisée des Nations-Unies
ILO-fr-strap
Plan du site | Contact English
> Page d'accueil > Triblex: base de données sur la jurisprudence > Par mots-clés du thésaurus > augmentation

Judgment No. 2170

Decision

1. THE IMPUGNED DECISION IS SET ASIDE.
2. THE ITU SHALL PAY THE COMPLAINANT HER SALARY INCREMENT FROM 1 JULY 2000, TOGETHER WITH INTEREST ON THE ARREARS AT 8 PER CENT PER ANNUM TO THE DATE OF PAYMENT.
3. IT SHALL ALSO PAY HER MORAL DAMAGES IN THE SUM OF 3,000 SWISS FRANCS AND COSTS IN THE AMOUNT OF 1,500 FRANCS.
4. ALL OTHER CLAIMS ARE DISMISSED.

Consideration 12

Extract:

The Organisation withheld the complainant's salary increment on the grounds that more time was needed to assess her performance. The Tribunal concludes from the relevant provisions that "the requirement that an annual performance report be established prior to the scheduled date of the annual salary increment is a formal one. The salary increment [...] was not preceded by an evaluation [...] it is the Organisation's responsibility to see to it that [an annual performance] report is prepared on time. a staff member's right to an increment cannot be defeated by the organisation's failure to comply with its own rules."

Keywords

complaint allowed; complaint allowed in part; grounds; international civil servant; organisation; time limit; applicable law; organisation's duties; written rule; breach; provision; increment; increment withheld; performance report; salary; binding character; consequence; date; increase; refusal; right

Consideration 14

Extract:

"An international organisation has a duty to comply with its own internal rules and to conduct its affairs in a way that allows its employees to rely on the fact that these will be followed."

Keywords

complaint allowed; complaint allowed in part; international civil servant; organisation's duties; written rule; staff regulations and rules; enforcement

Consideration 14

Extract:

The Organisation withheld the complainant's salary increment on the grounds that more time was needed to assess her performance. It claims that the complainant refused to cooperate with evaluations. "If that were the case, it was the job of the administration to deal with the situation and not to act as if the complainant did not exist[...] while there is no doubt that an employee cannot obtain the right to an annual salary increment by deliberately sabotaging the reporting process, it is equally the case that an employer cannot deprive its staff of the increments to which they are entitled by failing to complete the necessary preliminary steps."

Keywords

procedure; complaint allowed; complaint allowed in part; grounds; failure to answer claim; international civil servant; organisation; time limit; organisation's duties; increment; increment withheld; work appraisal; performance report; salary; increase; refusal; right

Consideration 16

Extract:

The Organisation decided to withhold the complainant's salary increment. It failed to respond either to her initial request for review of the decision or to her subsequent appeal to the appeal board. "Since she succeeds in part, the complainant is entitled to moral damages which are aggravated by the [Organisation's] wholly unacceptable treatment of her internal appeal."

Keywords

absence of final decision; failure to answer claim; injury; moral injury; internal appeal; delay; moral damages



 
Dernière mise à jour: 17.08.2017 ^ haut