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Step (266, 267,-666)
You searched for:
Keywords: Step
Total judgments found: 29
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Judgment 4711
136th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the abolition of automatic step advancement pursuant to the introduction of a new career system.
Judgment keywords
Keywords:
acquired right; career; complaint dismissed; step;
Consideration 8
Extract:
[T]he complainant contends that the new step advancement system infringed an acquired right. He alleges that in the former system he had a right to an automatic step advancement based on seniority, whilst in the new career system step advancement is based on performance and assessment of competencies. He concludes that the former automatic step advancement was a fundamental and essential term of employment in the meaning of the Tribunal’s case law on acquired rights. Namely, he recalls that Judgment 832 lays down three elements to be considered: the nature of the altered term; the reason for change; and the consequences on staff pay and benefits.
This plea must be rejected. According to the Tribunal’s case law, established for example in Judgment 61, clarified in Judgment 832 and confirmed in Judgment 986, the amendment of a provision governing an official’s situation to her or his detriment constitutes a breach of an acquired right only when such an amendment adversely affects the balance of contractual obligations, or alters fundamental terms of employment in consideration of which the official accepted an appointment, or which subsequently induced her or him to stay on. In order for there to be a breach of an acquired right, the amendment to the applicable text must relate to a fundamental and essential term of employment. Judgment 832, consideration 14, details a three-part test for determining whether the altered term is fundamental and essential. The test is as follows:
(1) The nature of the altered term: “It may be in the contract or in the Staff Regulations or Staff Rules or in a decision, and whereas the contract or a decision may give rise to acquired rights the regulations and rules do not necessarily do so.”
(2) The reason for the change: “It is material that the terms of appointment may often have to be adapted to circumstances, and there will ordinarily be no acquired right when a rule or a clause depends on variables such as the cost-of-living index or the value of the currency. Nor can the finances of the body that applies the terms of appointment be discounted.”
(3) The consequence of allowing or disallowing an acquired right and the effect it will have on staff pay and benefits, and how those who plead an acquired right fare as against others.
In addition, as the Tribunal observed in Judgment 4028, consideration 13, international civil servants are not entitled to have all the conditions of employment or retirement laid down in the provisions of the staff rules and regulations in force at the time of their recruitment applied to them throughout their career and retirement. Most of those conditions can be altered though depending on the nature and importance of the provision in question, staff may have an acquired right to its continued application.
Reference(s)
ILOAT Judgment(s): 61, 832, 986, 4028
Keywords:
acquired right; promotion; step;
Judgment 4710
136th Session, 2023
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the Administrative Council decision CA/D 10/14 to modify the career system.
Judgment keywords
Keywords:
career; complaint dismissed; general decision; step;
Judgment 4546
134th Session, 2022
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision of the President of IFAD to reject her request for payment of the financial benefits linked to advancement to steps 2 and 3 of her grade P-4 to which she submits she is entitled.
Judgment keywords
Keywords:
complaint dismissed; step;
Judgment 4082
127th Session, 2019
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the salary he receives at his new grade.
Judgment keywords
Keywords:
complaint dismissed; salary; scale; step;
Judgment 4031
126th Session, 2018
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the step level he was placed in upon implementation of a new local salary scale for General Service staff in New Delhi, India.
Judgment keywords
Keywords:
complaint allowed; salary; scale; step;
Judgment 4029
126th Session, 2018
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to grant him the two-step within-grade increase which, he argues, WHO ought to have granted him at the time of his appointment under a fixed-term contract.
Judgment keywords
Keywords:
complaint allowed; decision quashed; step;
Judgment 3787
123rd Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant disputes the step in grade assigned to him on his appointment as a member of a board of appeal.
Judgment keywords
Keywords:
complaint dismissed; step;
Judgment 3609
121st Session, 2016
European Free Trade Association
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests a decision to withhold his step increase for three months.
Judgment keywords
Keywords:
complaint dismissed; step;
Judgment 3600
121st Session, 2016
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision by the Registrar of the ICC to dismiss her request to be placed at a level and step or, alternatively, to be given a salary commensurate to what she enjoyed when she left her immediate previous employment with the UNCCD.
Judgment keywords
Keywords:
complaint dismissed; salary; step;
Judgment 3340
118th Session, 2014
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: After having been appointed to a post at a higher grade, the complainant challenges the calculation of his step-in-grade.
Judgment keywords
Keywords:
complaint dismissed; step;
Judgment 3179
114th Session, 2013
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the step taken into account to determine his invalidity pension rights.
Judgment keywords
Keywords:
disability benefit; pension entitlements; step;
Judgment 2515
100th Session, 2006
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
An international organisation cannot depart from its "obligation to inform staff members of the aspects of their performance or conduct that are said to be unsatisfactory and to provide them with an opportunity to remedy the situation". Failing that, any decision based on such grounds (such as, for example, refusal to grant a salary increment) would be considered as "not taken in good faith".
Keywords:
conduct; consequence; decision; duty to inform; good faith; grounds; increase; organisation's duties; refusal; step; subsidiary; unsatisfactory service;
Judgment 1775
85th Session, 1998
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
According to the complainant, the way he accepted the offer of employment did form a binding contract. The Tribunal considers that "[the complainant] must show an unqualified agreement and meeting of minds between the Organization and himself on the essential terms of a contract of employment. The Tribunal is unable to read [a telex from the complainant to the Organization] as anything but a counter-offer on one of the most essential terms of the proposed contract, namely remuneration. Certainly, it cannot be said to be an unqualified acceptance and the fact that it is couched in terms of a claim of right does nothing to change its character; a potential employee does not have an automatic right to any particular grade or step and an offer which specifies one figure of salary cannot be accepted by a claim to a higher figure: see Judgment 228 [...]."
Reference(s)
ILOAT Judgment(s): 228
Keywords:
acceptance; case law; contract; grade; offer; right; salary; step;
Judgment 1519
81st Session, 1996
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
"The complainants argue that the [salary] survey ought to have compared jobs at like levels of seniority inside and outside [the organization] and not ignored the inverted 'pyramid' of the age structure of [the organization's] staff. There is merit to the criticism. Yet to whichever side one may tend on that point, the comparison is fated to go awry. In any event there was nothing unlawful in the approach the survey took. Neither [the ICSC] nor [the] organization went beyond the bounds of the discretion that the case law allow".
Keywords:
case law; discretion; flemming principle; general service category; icsc decision; inquiry; investigation; salary; seniority; step; terms of appointment;
Judgment 1163
72nd Session, 1992
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 7 and 9
Extract:
FAO Manual paragraph 308.411 provides for the award of a within-grade salary increment to officials whose service, during a "qualifying period", is satisfactory. The complainant had her annual increment withheld. "Although difficulties were found in the complainant's attitude towards other staff, [her performance reports] do not show such a pattern of conduct as to impair the quality of her work on the assignments she was given. [...] The conclusion is that the conditions in the case law for withholding an increment were not met and that the organization committed a mistake of law in construing and applying 308.411."
Reference(s)
Organization rules reference: FAO MANUAL PARAGRAPH 308.411
ILOAT Judgment(s): 247
Keywords:
accumulation; case law; condition; conduct; enforcement; grounds; increment; increment withheld; interpretation; satisfactory service; staff regulations and rules; step; unsatisfactory service; working relations;
Judgment 1130
71st Session, 1991
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The Organisation granted the complainants incremental steps on a provisional basis while awaiting for new salary scales to come into force. The Tribunal holds that "there was nothing unlawful about replacing them several months later with retroactive decisions granting them lower steps."
Keywords:
amendment to the rules; increment; provisional decision; reduction of salary; salary; scale; step; withdrawal of decision;
Judgment 962
66th Session, 1989
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Paragraph 4 of Circular 34 of 15 May 1979 says that "for the purpose of calculating seniority for advancement in the prescribed steps within the relevant grade, the period of part-time work will be taken into account in the same way as in the case of normal full-time work". The Tribunal holds that the EPO's practice of counting part-time work towards seniority for promotion on a pro-rata basis on the principle that promotion is a reward for service rendered is in no way at odds with the guidelines in the material circular as the complainant mistakenly argues.
Reference(s)
Organization rules reference: PARAGRAPH 4 OF CIRCULAR 34 OF 15 MAY 1979
Keywords:
consequence; difference; part-time employment; professional experience; promotion; proportionality; reckoning; seniority; step;
Judgment 957
66th Session, 1989
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant contends that his professional experience was not properly reckoned in accordance with Circular 144 of 2 September 1985. He alleges breach of the principle of equal treatment inasmuch as his seniority was lower than that granted to someone with equivalent professional experience recruited as an A3 examiner. His plea fails "because the material provisions of the service regulations deal with promotion within the organisation as distinct from the attributions of grade and step on appointment: the comparison he is drawing is between staff members who are not in the same position in law."
Reference(s)
Organization rules reference: CIRCULAR 144
Keywords:
appointment; difference; equal treatment; grade; professional experience; promotion; reckoning; seniority; step;
Judgment 953
66th Session, 1989
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The organisation has not discriminated against the complainant. Appointment is different from promotion and different rules may apply in determining the step due on appointment and the step due on promotion."
Keywords:
appointment; difference; equal treatment; professional experience; promotion; reckoning; seniority; step;
Judgment 943
65th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant was promoted from grade A.3, step 11, the highest step in that grade, where he had twelve months' seniority, to grade A.4, step 8, with no seniority. He claims the right to have the twelve months' seniority carried forward. The Tribunal holds that the claim is groundless. In accordance with the Service Regulations the complainant was promoted to "the lowest step in A.4 which carried a higher basic salary than what he had received at his step in A.3 increased by one twelve-monthly incremental step in that grade."
Keywords:
consequence; promotion; reckoning; seniority; step; top step;
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