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Judgment No. 3883

Decision

1. The ILO shall determine the complainants’ salaries in accordance with consideration 26.
2. The ILO shall pay moral damages in the sum of 100 euros to each complainant.
3. The ILO shall pay the complainants collectively 2,000 euros costs.
4. All other claims are dismissed.

Summary

The complainants contest the implementation of new salary scales as from March 2012 in Bangkok.

Judgment keywords

Keywords

complaint allowed; icsc decision; general service category; salary

Consideration 12

Extract:

[I]t should be noted that reliance on payslips does not create an open-ended opportunity to challenge a general decision on which the payslips are based (see Judgment 3614, considerations 12 and 13).

Reference(s)

Jugement(s) TAOIT: 3614

Keywords

pay slip

Consideration 17

Extract:

It must be borne in mind, that the Tribunal’s role is not to evaluate independently itself the methodology and its application. These are technical issues beyond the remit of the Tribunal and its role is more limited (see Judgment 3360, consideration 4). There is no single hard and fast approach to the application of the Flemming principle and some discretion must be afforded over method (Judgment 1713, consideration 8).

Reference(s)

Jugement(s) TAOIT: 1713, 3360

Keywords

flemming principle; salary

Consideration 21

Extract:

[T]he failure to consult as required by [the relevant rule] cannot be excused because such consultation had not occurred for some years without complaint.

Keywords

consultation

Consideration 23

Extract:

[W]hat relief can be granted by the Tribunal is governed by Article VIII of the Tribunal’s Statute that confers and defines its jurisdiction. That provision clearly contemplates that if a complainant establishes that a decision was unlawfully made, the decision can be rescinded. [H]owever, it contemplates that if the rescission of a decision is not “advisable”, then the Tribunal “shall award the complainant compensation for the injury caused to her or him”. Plainly enough following this latter course depends on the opinion and assessment of the Tribunal in the exercise of what, in substance, is a discretionary power (see Judgment 1419, consideration 24).

Reference(s)

ILOAT reference: Article VIII of the Statute
Jugement(s) TAOIT: 1419

Keywords

iloat statute; allowance

Consideration 20

Extract:

[A]n organisation is bound by the rules it has itself issued until it amends or repeals them (Judgment 963, consideration 5).

Reference(s)

Jugement(s) TAOIT: 963

Keywords

patere legem

Consideration 20

Extract:

[A] practice cannot become legally binding if it contravenes a written rule that is already in force (see, for example, Judgments 3601, consideration 10, and 3544, consideration 14).

Reference(s)

Jugement(s) TAOIT: 3544, 3601

Keywords

practice



 
Dernière mise à jour: 26.05.2020 ^ haut