Judgment No. 233
1. THE DECISION OF THE DIRECTOR-GENERAL DATED 17 JULY 1972 IS QUASHED.
2. IT IS ORDERED THAT THE ORGANIZATION PAY TO THE COMPLAINANT ARREARS OF SALARY AT THE RATE OF US$517 PER ANNUM FROM 1 JUNE 1970.
3. THE COSTS INCURRED BY THE COMPLAINANT IN CONNECTION WITH THIS COMPLAINT, THE AMOUNT OF WHICH SHALL BE FIXED BY THE PRESIDENT OF THE TRIBUNAL, SHALL BE BORNE BY THE ORGANIZATION.
The purpose of PAHO Staff Rule 220.2 on promotions is to increment salaries. "Thus the fixing of the step must be construed as only the means by which the true object of the rule is to be secured. The means are the servant of the end not its master; the failure of the means prescribed cannot be allowed to defeat the object; the object must be achieved in some other appropriate way."
Organization rules reference: PAHO STAFF RULE 220.2
interpretation; provision; promotion; salary; criteria; increase; purpose
The purpose of the applicable provision is to ensure that on promotion to a higher grade the staff member receives an increase in salary of a certain amount. "The minimum is fixed as the amount he or she would have received if the promotion, instead of being to a higher grade, had been to the next highest step in the old grade. The language of the rule assumes that there will be a step in the new grade which will carry with it a salary high enough for this purpose."
grade; step; promotion; salary; consequence; increase; right
The Tribunal holds that transfers from the general services category to the professional category constitute a "promotion". Such promotions are provided for by the Regulations and are actually made. "[S]ince they are not governed by any special rule, [the general] rule [on promotions] must apply."
complaint allowed; decision quashed; staff regulations and rules; enforcement; no provision; provision; general service category; professional category; promotion
"The costs incurred by the complainant in connection with this complaint, the amount of which shall be fixed by the President of the Tribunal, shall be borne by the organization."