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Noblemaire principle

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Keywords: Noblemaire principle
Total judgments found: 13

  • Judgment 2420


    98th Session, 2005
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    "The complainants' second plea is that the methodology applied by the General Assembly [to review salary levels] does not satisfy the requirements of stability, foreseeability and transparency established by the case law. [...] Given that the application of that methodology can yield results as different as those obtained, on the one hand, by the ICSC, and on the other, by the Fifth Committee and subsequently the General Assembly, one may legitimately query its foreseeability. However, it must be borne in mind that a methodology cannot be applied without a degree of flexibility and without leaving some room for interpretation by the competent authority, which was entitled to take into account the imbalances generated by past applications of the adopted methodology in order to try to attenuate the effects thereof and properly to implement the Noblemaire principle."

    Keywords:

    adjustment; case law; icsc decision; interpretation; noblemaire principle; organisation's duties; rate; recommendation; salary; scale;



  • Judgment 1912


    88th Session, 2000
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    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:

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



  • Judgment 1791


    86th Session, 1999
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 15 and 16

    Extract:

    "The complainants contend that [...] the impugned decision was in breach of [...] their right to a steady level of pay. [...] [T]hey maintain that [...] the Organization acted in breach of the general principle of the international civil service known as Noblemaire. The Tribunal is satisfied that there was no breach here of any principle of the international civil service. [...] [T]he measure the complainants are objecting to was exceptional and limited in time. As for their right to a steady level of pay, that measure neither changed the pay scales nor had any impact whatever on terms of employment in the long term. The conclusion is that there was no breach of acquired rights."

    Keywords:

    acquired right; amendment; breach; exception; finality of judgment; international civil servant; international civil service principles; noblemaire principle; provisional decision; reduction; right; salary; scale; terms of appointment;



  • Judgment 1199


    73rd Session, 1992
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    the complainants plead breach of their acquired rights concerning pay. "in this case the changes were made because of shifts in economic trends and tax rules in the united states [...] the competent authorities [...] decided in the exercise of their discretion to keep the link with the civil service of the member state - the united states - that is customarily the 'comparator' in determining pay in the international civil service. their solution is not intrinsically unlawful."

    Reference(s)

    ILOAT Judgment(s): 832

    Keywords:

    acquired right; amendment; discretion; domestic law; general principle; noblemaire principle; reckoning; salary; scale;

    Consideration 8

    Extract:

    the complainants contend "that the arrangement for adjustment ought to have reflected average economic trends in more than just one country. that is to question the whole basis of the pensions scheme. the united states federal civil service was the 'comparator' for determining the pay and pensions in the united nations common system. it was therefore only reasonable to take economic trends in the united states alone into account. so it was not just a matter of policy: the ilo's decision was a logical application of the prescribed approach."

    Reference(s)

    ILOAT Judgment(s): 832

    Keywords:

    adjustment; coordinated organisations; domestic law; general principle; noblemaire principle; pension; reckoning; salary; scale;



  • Judgment 986


    67th Session, 1989
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    the noblemaire principle, as defined by the tribunal in judgment 825, is a custom binding on any organisation that belongs to the united nations system.

    Reference(s)

    ILOAT Judgment(s): 825

    Keywords:

    definition; international civil service principles; noblemaire principle;

    Consideration 7

    Extract:

    "the relations of staff with an international organisation do not end when they leave its employ. the pension scheme forms part of the administrative arrangements they may look forward to and, like pay, pensions are governed by basic rules that are binding on the organisation. foremost among them is noblemaire, the purpose of which is not to bestow privilege on international civil servants but to draw some of the best people from every country into the service."

    Keywords:

    enforcement; international civil service principles; noblemaire principle; pension; salary; separation from service;



  • Judgment 831


    62nd Session, 1987
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "the noblemaire principle [...] embodies two rules. one is that, to keep the international civil service as one, its employees shall get equal pay for work of equal value, whatever their nationality or the salaries earned in their own country. the other rule is that in recruiting staff from their full membership international organisations shall offer pay that will draw and keep citizens of countries where salaries are highest."

    Keywords:

    definition; noblemaire principle;



  • Judgment 830


    62nd Session, 1987
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    see judgment 831, consideration 1.

    Reference(s)

    ILOAT Judgment(s): 831

    Keywords:

    definition; noblemaire principle;



  • Judgment 829


    62nd Session, 1987
    General Agreement on Tariffs and Trade
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    vide judgment 831, consideration 1

    Reference(s)

    ILOAT Judgment(s): 831

    Keywords:

    definition; noblemaire principle;



  • Judgment 828


    62nd Session, 1987
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    see judgment 831, consideration 1.

    Reference(s)

    ILOAT Judgment(s): 831

    Keywords:

    definition; noblemaire principle;



  • Judgment 827


    62nd Session, 1987
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    see judgment 831, consideration 1.

    Reference(s)

    ILOAT Judgment(s): 831

    Keywords:

    definition; noblemaire principle;



  • Judgment 826


    62nd Session, 1987
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    see judgment 831, consideration 1.

    Reference(s)

    ILOAT Judgment(s): 831

    Keywords:

    definition; noblemaire principle;



  • Judgment 825


    62nd Session, 1987
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    see judgment 831, consideration 1.

    Reference(s)

    ILOAT Judgment(s): 831

    Keywords:

    definition; noblemaire principle;



  • Judgment 498


    48th Session, 1982
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    "g staff are recruited largely [in the headquarters country or nearby]. it is therefore only right that as an incentive to recruitment their pay, including family allowances, should be in line with pay scales in [the headquarters country]. officials in other categories, however, may come from and be required to serve anywhere in the world. for them [...] the [organisation] takes as its standard of comparison the best-paid national civil service." the allegation of unlawful discrimination fails.

    Keywords:

    criteria; equal treatment; general service category; noblemaire principle; professional category; salary; scale;


 
Last updated: 11.11.2014 ^ top