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Keywords: Salary
Total judgments found: 212

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  • Judgment 4168


    128th Session, 2019
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the retroactive calculation of his salary after he was promoted.

    Judgment keywords

    Keywords:

    retroactive promotion; salary;



  • Judgment 4138


    128th Session, 2019
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the decision to apply to their salaries the post adjustment multiplier determined by the ICSC on the basis of its 2016 cost-of-living survey for Geneva, with the result that their salaries were reduced.

    Consideration 41

    Extract:

    [T]he purpose for which the whole scheme of post adjustments was established, namely to give effect to the Noblemaire principle [...], is not to create economies by reducing salary costs even if, in relation to any particular duty station, that is a consequence of the operation of the scheme for the purpose for which it was established.

    Keywords:

    noblemaire principle; post adjustment; salary; un common system;

    Consideration 11

    Extract:

    The salaries are essentially composed of two parts. One amount is the net salary, or base or floor salary as it is described in the United Nations common system, embodied in a prescribed salary scale. The other amount is the post adjustment established for each duty station arising from the application of Regulation 3.8 of WIPO’s Staff Regulations and Rules. That provision operates to adjust the salaries to reflect the post adjustment classification established for the duty station by the ICSC. The post adjustment is determined by multiplying 1 per cent of the net salary by a multiplier, the PAM. The PAI informs the amount of the PAM together with other elements including exchange rates. This process underpins a significant element of the Noblemaire principle applicable to the salaries of international civil servants, namely that “the pay of international civil servants [should be] equivalent by making its real value, or purchasing power, as uniform as possible from one duty station to another” (see Judgment 825, consideration 4).

    Reference(s)

    Organization rules reference: Regulation 3.8 of WIPO’s Staff Regulations and Rules
    ILOAT Judgment(s): 825

    Keywords:

    noblemaire principle; post adjustment; salary;

    Judgment keywords

    Keywords:

    icsc decision; post adjustment; salary; scale;



  • Judgment 4137


    128th Session, 2019
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the decision to apply to their salaries the post adjustment multiplier determined by the ICSC on the basis of its 2016 cost-of-living survey for Geneva, with the result that their salaries were reduced.

    Considerations 20-22

    Extract:

    It is desirable to refer to some of the principles that govern the Tribunal’s consideration of cases such as the present. First, an international organization is free to choose a methodology, system or standard of reference for determining salary adjustments for its staff provided that it meets all the principles of international civil service law (see, for example, Judgments 1821, consideration 7, and 3324, consideration 16). Further, the Tribunal has noted that cases such as the present can raise issues of a highly specialised nature being “based on the technical judgment to be made by those whose training and experience equip them for that task” and that it will not substitute its own assessment for that of the organization (see, for example, Judgment 3360, considerations 4 and 5). While an international organization is free to choose a methodology, system or standard of reference for determining salary adjustments it must be a methodology which ensures that the results are stable, foreseeable and clearly understood or transparent (see, for example, Judgments 1821, consideration 7, and 2095, consideration 13). The requirement that the results must be stable, foreseeable and clearly understood or transparent does not mean a salary regime is fixed once and for all and is incapable of change (see Judgment 1912, consideration 14), or that this requirement excludes reasonable variations in the results yielded (see Judgment 3676, consideration 6). Moreover “a methodology cannot be applied without a degree of flexibility and without leaving some room for interpretation by the competent authority, which [is] 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” (Judgment 2420, consideration 15).

    The Tribunal has recognised that “[t]he whole subject of post adjustment is of great complexity and [...] the constant changes in the factors that are considered relevant, mean that the methodology will probably never attain perfection” (see Judgment 1459, consideration 10; see also Judgment 1603, consideration 6).

    However, if the organization is relying on an external body for advice and assistance, it nonetheless needs to ensure these principles have been applied (see, for example, Judgment 1765, consideration 8, where the Tribunal said in relation to erroneous calculation by the ICSC):
    “[The organization] has the duty of checking the lawfulness of any decision by another body on which it bases its own decision. So too must it check the adequacy of action by that other body to correct any mistake it may have made, and make sure that such corrective action respects the rights of staff. Authority for that is in Judgment 826 [...] under 18. If the [ICSC]’s original reckoning was unlawful, so is a second one that fails to redress fully the wrong.”
    To the same effect was Judgment 1713, consideration 3, and later, Judgment 2303, consideration 7. In Judgment 1713 the Tribunal observed that a decision on local pay cannot “stand if, say, it overlooks or misconstrues some particular factor, or if some method is applied for the wilful contrivance of lower figures of local pay, or if corners are cut for the sake of saving time, but to the detriment of staff interests” (consideration 8).

    Reference(s)

    ILOAT Judgment(s): 826, 1459, 1603, 1713, 1765, 1821, 1912, 2095, 2303, 2420, 3324, 3360, 3676

    Keywords:

    methodology; post adjustment; salary;

    Judgment keywords

    Keywords:

    icsc decision; post adjustment; salary; scale;

    Consideration 10

    Extract:

    The salaries are essentially composed of two parts. One amount is the net salary, or base or floor salary as it is described in the United Nations common system, embodied in a prescribed salary scale. The other amount is the post adjustment established for each duty station arising from the application of Regulation 3.5 of the ITU’s Staff Regulations and Staff Rules. That provision operates to adjust the salaries for cost-of-living variations at different duty stations. The post adjustment is determined by multiplying 1 per cent of the net salary by a multiplier, the PAM. The PAI informs the amount of the PAM together with other elements including exchange rates. This process underpins a significant element of the Noblemaire principle applicable to the salaries of international civil servants, namely that “the pay of international civil servants [should be] equivalent by making its real value, or purchasing power, as uniform as possible from one duty station to another” (see Judgment 825, consideration 4).

    Reference(s)

    Organization rules reference: Regulation 3.5 of the ITU’s Staff Regulations and Staff Rules
    ILOAT Judgment(s): 825

    Keywords:

    noblemaire principle; post adjustment; salary;

    Consideration 33

    Extract:

    T]he purpose for which the whole scheme of post adjustments was established, namely to give effect to the Noblemaire principle [...], is not to create economies by reducing salary costs even if, in relation to any particular duty station, that is a consequence of the operation of the scheme for the purpose for which it was established.

    Keywords:

    noblemaire principle; post adjustment; salary; un common system;



  • Judgment 4136


    128th Session, 2019
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the decision to apply to their salaries the post adjustment multiplier determined by the ICSC on the basis of its 2016 cost-of-living survey for Geneva, with the result that their salaries were reduced.

    Judgment keywords

    Keywords:

    icsc decision; post adjustment; salary; scale;

    Consideration 33

    Extract:

    [T]he purpose for which the whole scheme of post adjustments was established, namely to give effect to the Noblemaire principle ...], is not to create economies by reducing salary costs even if, in relation to any particular duty station, that is a consequence of the operation of the scheme for the purpose for which it was established.

    Keywords:

    noblemaire principle; post adjustment; salary; un common system;

    Consideration 10

    Extract:

    The salaries are essentially composed of two parts. One amount is the net salary, or base or floor salary as it is described in the United Nations common system, embodied in a prescribed salary scale. The other amount is the post adjustment established for each duty station arising from the application of Regulation 3.1 of IOM’s Unified Staff Regulations and Rules. That provision operates to adjust the salaries by the application of the relevant post adjustments by the ICSC. The post adjustment is determined by multiplying 1 per cent of the net salary by a multiplier, the PAM. The PAI informs the amount of the PAM together with other elements including exchange rates. This process underpins a significant element of the Noblemaire principle applicable to the salaries of international civil servants, namely that “the pay of international civil servants [should be] equivalent by making its real value, or purchasing power, as uniform as possible from one duty station to another” (see Judgment 825, consideration 4).

    Reference(s)

    Organization rules reference: Regulation 3.1 of IOM’s Unified Staff Regulations and Rules
    ILOAT Judgment(s): 825

    Keywords:

    noblemaire principle; post adjustment; salary;

    Considerations 20-22

    Extract:

    It is desirable to refer to some of the principles that govern the Tribunal’s consideration of cases such as the present. First, an international organization is free to choose a methodology, system or standard of reference for determining salary adjustments for its staff provided that it meets all the principles of international civil service law (see, for example, Judgments 1821, consideration 7, and 3324, consideration 16). Further, the Tribunal has noted that cases such as the present can raise issues of a highly specialised nature being “based on the technical judgment to be made by those whose training and experience equip them for that task” and that it will not substitute its own assessment for that of the organization (see, for example, Judgment 3360, considerations 4 and 5). While an international organization is free to choose a methodology, system or standard of reference for determining salary adjustments it must be a methodology which ensures that the results are stable, foreseeable and clearly understood or transparent (see, for example, Judgments 1821, consideration 7, and 2095, consideration 13). The requirement that the results must be stable, foreseeable and clearly understood or transparent does not mean a salary regime is fixed once and for all and is incapable of change (see Judgment 1912, consideration 14), or that this requirement excludes reasonable variations in the results yielded (see Judgment 3676, consideration 6). Moreover “a methodology cannot be applied without a degree of flexibility and without leaving some room for interpretation by the competent authority, which [is] 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” (Judgment 2420, consideration 15).

    The Tribunal has recognised that “[t]he whole subject of post adjustment is of great complexity and [...] the constant changes in the factors that are considered relevant, mean that the methodology will probably never attain perfection” (see Judgment 1459, consideration 10; see also Judgment 1603, consideration 6).

    However, if the organization is relying on an external body for advice and assistance, it nonetheless needs to ensure these principles have been applied (see, for example, Judgment 1765, consideration 8, where the Tribunal said in relation to erroneous calculation by the ICSC):
    “[The organization] has the duty of checking the lawfulness of any decision by another body on which it bases its own decision. So too must it check the adequacy of action by that other body to correct any mistake it may have made, and make sure that such corrective action respects the rights of staff. Authority for that is in Judgment 826 [...] under 18. If the [ICSC]’s original reckoning was unlawful, so is a second one that fails to redress fully the wrong.”
    To the same effect was Judgment 1713, consideration 3, and later, Judgment 2303, consideration 7. In Judgment 1713 the Tribunal observed that a decision on local pay cannot “stand if, say, it overlooks or misconstrues some particular factor, or if some method is applied for the wilful contrivance of lower figures of local pay, or if corners are cut for the sake of saving time, but to the detriment of staff interests” (consideration 8).

    Reference(s)

    ILOAT Judgment(s): 826, 1459, 1603, 1713, 1765, 1821, 1912, 2095, 2303, 2420, 3324, 3360, 3676

    Keywords:

    methodology; post adjustment; salary;



  • Judgment 4135


    128th Session, 2019
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the decision to apply to their salaries the post adjustment multiplier determined by the ICSC on the basis of its 2016 cost-of-living survey for Geneva, with the result that their salaries were reduced.

    Considerations 25-27

    Extract:

    It is desirable to refer to some of the principles that govern the Tribunal’s consideration of cases such as the present. First, an international organization is free to choose a methodology, system or standard of reference for determining salary adjustments for its staff provided that it meets all the principles of international civil service law (see, for example, Judgments 1821, consideration 7, and 3324, consideration 16). Further, the Tribunal has noted that cases such as the present can raise issues of a highly specialised nature being “based on the technical judgment to be made by those whose training and experience equip them for that task” and that it will not substitute its own assessment for that of the organization (see, for example, Judgment 3360, considerations 4 and 5). While an international organization is free to choose a methodology, system or standard of reference for determining salary adjustments it must be a methodology which ensures that the results are stable, foreseeable and clearly understood or transparent (see, for example, Judgments 1821, consideration 7, and 2095, consideration 13). The requirement that the results must be stable, foreseeable and clearly understood or transparent does not mean a salary regime is fixed once and for all and is incapable of change (see Judgment 1912, consideration 14), or that this requirement excludes reasonable variations in the results yielded (see Judgment 3676, consideration 6). Moreover “a methodology cannot be applied without a degree of flexibility and without leaving some room for interpretation by the competent authority, which [is] 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” (Judgment 2420, consideration 15).

    The Tribunal has recognised that “[t]he whole subject of post adjustment is of great complexity and [...] the constant changes in the factors that are considered relevant, mean that the methodology will probably never attain perfection” (see Judgment 1459, consideration 10; see also Judgment 1603, consideration 6).

    However, if the organization is relying on an external body for advice and assistance, it nonetheless needs to ensure these principles have been applied (see, for example, Judgment 1765, consideration 8, where the Tribunal said in relation to erroneous calculation by the ICSC):
    “[The organization] has the duty of checking the lawfulness of any decision by another body on which it bases its own decision. So too must it check the adequacy of action by that other body to correct any mistake it may have made, and make sure that such corrective action respects the rights of staff. Authority for that is in Judgment 826 [...] under 18. If the [ICSC]’s original reckoning was unlawful, so is a second one that fails to redress fully the wrong.”
    To the same effect was Judgment 1713, consideration 3, and later, Judgment 2303, consideration 7. In Judgment 1713 the Tribunal observed that a decision on local pay cannot “stand if, say, it overlooks or misconstrues some particular factor, or if some method is applied for the wilful contrivance of lower figures of local pay, or if corners are cut for the sake of saving time, but to the detriment of staff interests” (consideration 8).

    Reference(s)

    ILOAT Judgment(s): 826, 1459, 1603, 1713, 1765, 1821, 1912, 2095, 2303, 2420, 3324, 3360, 3676

    Keywords:

    methodology; post adjustment; salary;

    Consideration 13

    Extract:

    The salaries are essentially composed of two parts. One amount is the net salary, or base or floor salary as it is described in the United Nations common system, embodied in a prescribed salary scale. The other amount is the post adjustment established for each duty station arising from the application of Rule 335 of WHO’s Staff Regulations and Staff Rules. That provision operates to adjust the salaries for cost-of-living variations at different duty stations. The post adjustment is determined by multiplying 1 per cent of the net salary by a multiplier, the PAM. The PAI informs the amount of the PAM together with other elements including exchange rates. This process underpins a significant element of the Noblemaire principle applicable to the salaries of international civil servants, namely that “the pay of international civil servants [should be] equivalent by making its real value, or purchasing power, as uniform as possible from one duty station to another” (see Judgment 825, consideration 4).

    Reference(s)

    Organization rules reference: Rule 335 of WHO’s Staff Regulations and Staff Rules
    ILOAT Judgment(s): 825

    Keywords:

    noblemaire principle; post adjustment; salary;

    Consideration 40

    Extract:

    [T]he purpose for which the whole scheme of post adjustments was established, namely to give effect to the Noblemaire principle [...], is not to create economies by reducing salary costs even if, in relation to any particular duty station, that is a consequence of the operation of the scheme for the purpose for which it was established.

    Keywords:

    noblemaire principle; post adjustment; salary; un common system;

    Judgment keywords

    Keywords:

    icsc decision; post adjustment; salary; scale;



  • Judgment 4134


    128th Session, 2019
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the decision to apply to their salaries the post adjustment multiplier determined by the ICSC on the basis of its 2016 cost-of-living survey for Geneva, with the result that their salaries were reduced.

    Judgment keywords

    Keywords:

    icsc decision; post adjustment; salary; scale;

    Consideration 11

    Extract:

    The salaries are essentially composed of two parts. One amount is the net salary, or base or floor salary as it is described in the United Nations common system, embodied in a prescribed salary scale. The other amount is the post adjustment established for each duty station arising from the application of Article 3.9 of the ILO’s Staff Regulations. That provision operates to adjust the salaries for cost-of-living variations at different duty stations. The post adjustment is determined by multiplying 1 per cent of the net salary by a multiplier, the PAM. The PAI informs the amount of the PAM together with other elements including exchange rates. This process underpins a significant element of the Noblemaire principle applicable to the salaries of international civil servants, namely that “the pay of international civil servants [should be] equivalent by making its real value, or purchasing power, as uniform as possible from one duty station to another” (see Judgment 825, consideration 4).

    Reference(s)

    Organization rules reference: Article 3.9 of the ILO’s Staff Regulations
    ILOAT Judgment(s): 825

    Keywords:

    noblemaire principle; post adjustment; salary;

    Considerations 26-28

    Extract:

    It is desirable to refer to some of the principles that govern the Tribunal’s consideration of cases such as the present. First, an international organization is free to choose a methodology, system or standard of reference for determining salary adjustments for its staff provided that it meets all the principles of international civil service law (see, for example, Judgments 1821, consideration 7, and 3324, consideration 16). Further, the Tribunal has noted that cases such as the present can raise issues of a highly specialised nature being “based on the technical judgment to be made by those whose training and experience equip them for that task” and that it will not substitute its own assessment for that of the organization (see, for example, Judgment 3360, considerations 4 and 5). While an international organization is free to choose a methodology, system or standard of reference for determining salary adjustments it must be a methodology which ensures that the results are stable, foreseeable and clearly understood or transparent (see, for example, Judgments 1821, consideration 7, and 2095, consideration 13). The requirement that the results must be stable, foreseeable and clearly understood or transparent does not mean a salary regime is fixed once and for all and is incapable of change (see Judgment 1912, consideration 14), or that this requirement excludes reasonable variations in the results yielded (see Judgment 3676, consideration 6). Moreover “a methodology cannot be applied without a degree of flexibility and without leaving some room for interpretation by the competent authority, which [is] 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” (Judgment 2420, consideration 15).

    The Tribunal has recognised that “[t]he whole subject of post adjustment is of great complexity and [...] the constant changes in the factors that are considered relevant, mean that the methodology will probably never attain perfection” (see Judgment 1459, consideration 10; see also Judgment 1603, consideration 6).

    However, if the organization is relying on an external body for advice and assistance, it nonetheless needs to ensure these principles have been applied (see, for example, Judgment 1765, consideration 8, where the Tribunal said in relation to erroneous calculation by the ICSC):
    “[The organization] has the duty of checking the lawfulness of any decision by another body on which it bases its own decision. So too must it check the adequacy of action by that other body to correct any mistake it may have made, and make sure that such corrective action respects the rights of staff. Authority for that is in Judgment 826 [...] under 18. If the [ICSC]’s original reckoning was unlawful, so is a second one that fails to redress fully the wrong.”
    To the same effect was Judgment 1713, consideration 3, and later, Judgment 2303, consideration 7. In Judgment 1713 the Tribunal observed that a decision on local pay cannot “stand if, say, it overlooks or misconstrues some particular factor, or if some method is applied for the wilful contrivance of lower figures of local pay, or if corners are cut for the sake of saving time, but to the detriment of staff interests” (consideration 8).

    Reference(s)

    ILOAT Judgment(s): 826, 1459, 1603, 1713, 1765, 1821, 1912, 2095, 2303, 2420, 3324, 3360, 3676

    Keywords:

    methodology; post adjustment; salary;

    Consideration 41

    Extract:

    [T]he purpose for which the whole scheme of post adjustments was established, namely to give effect to the Noblemaire principle discussed earlier[,] is not to create economies by reducing salary costs even if, in relation to any particular duty station, that is a consequence of the operation of the scheme for the purpose for which it was established.

    Keywords:

    noblemaire principle; post adjustment; salary; un common system;



  • Judgment 4090


    127th Session, 2019
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the processing of his application for a disability benefit and the calculation of his sick leave entitlements.

    Consideration 10

    Extract:

    Even accepting, for present purposes, that the field of operation of the Flemming principle would comprehend, as an aspect of establishing appropriate levels of pay, payment of sick leave entitlements, it is not appropriate to isolate one element of salary only and compare that element with prevailing local conditions. As the Tribunal observed in Judgment 1334, consideration 24, “[the Flemming principle] offers [...] a guide for setting general levels of pay for local staff: it offers no basis for claims about any particular component of such pay”.

    Reference(s)

    ILOAT Judgment(s): 1334

    Keywords:

    allowance; flemming principle; local status; salary; sick leave;



  • 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:

    salary; scale; step;



  • Judgment 4057


    127th Session, 2019
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to reduce her pension on the basis of a reduction of the consumer price index.

    Consideration 5

    Extract:

    The Tribunal has, in its case law, spoken of pensions being “deferred pay” and stated that because “pensions are subject to the same basic rules as pay, a method establishing the terms of adjusting the pensions paid to the retirees of an organisation is to be considered as being governed by the same requirements” (see Judgment 2793, consideration 20). This was a reference to the need that any methodology adopted to determine staff members’ salary adjustments must result in stable, foreseeable and clearly understood results. [...] The principles governing the adjustments to salary also include the Noblemaire principle which, additionally, applies to pension benefits (see Judgment 986, consideration 7).

    Reference(s)

    ILOAT Judgment(s): 986, 2793

    Keywords:

    noblemaire principle; pension; pension adjustment system; pension entitlements; salary;

    Consideration 7

    Extract:

    Moreover a salary, at base, is to reward specified work. A pension, at base, is to provide an income stream to a pensioner to maintain a particular standard of living during retirement.

    Keywords:

    pension; salary;



  • 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:

    salary; scale; step;



  • Judgment 3931


    125th Session, 2018
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants contest the decision to apply new salary scales in New Dehli as from 1 November 2014, which show a salary freeze for staff members already in service and a lower salary for new staff.

    Judgment keywords

    Keywords:

    general service category; icsc decision; salary;



  • Judgment 3921


    125th Session, 2018
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges modifications to the grading and salary structure.

    Judgment keywords

    Keywords:

    noblemaire principle; salary; scale;

    Consideration 11

    Extract:

    The case law concerning the Tribunal’s consideration of changes to salary structures and grading systems makes clear that the role of the Tribunal is limited and the discretionary power of the organisation to make such changes based on policy or budgetary considerations must ordinarily be respected (see, for example, Judgments 1118, considerations 19 to 20, and 3274, consideration 10).

    Reference(s)

    ILOAT Judgment(s): 1118, 3274

    Keywords:

    budgetary reasons; discretion; judicial review; salary;



  • Judgment 3885


    124th Session, 2017
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision to defer the promulgation of the revised post adjustment multiplier for staff of the UN system working in New York.

    Judgment keywords

    Keywords:

    icsc decision; post adjustment; salary; staff representative;



  • Judgment 3883


    124th Session, 2017
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants contest the implementation of new salary scales as from March 2012 in Bangkok.

    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)

    ILOAT Judgment(s): 1713, 3360

    Keywords:

    flemming principle; salary;

    Judgment keywords

    Keywords:

    general service category; icsc decision; salary;



  • Judgment 3740


    123rd Session, 2017
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the legality of changes to the FAO General Service category staff salary scale consequent to the implementation of recommendations contained in an ICSC report in 2012 on local employment conditions in Rome.

    Judgment keywords

    Keywords:

    general service category; icsc decision; salary;

    Consideration 10

    Extract:

    [I]t must be observed that, according to the documents that have been presented to the Tribunal, the recommendations in the relevant ICSC decisions were limited to and only established two things: a revised salary scale for the GS category in Rome and revised levels for dependency allowances. The recommendations were silent with respect to all of the other matters dealt with in the 25 January 2013 Administrative Circular. […]As the record shows, none of these measures were mandated by or derived from the new ICSC salary scale or dependency allowance recommendations or were necessary for their implementation. Out of a number of possible options for the implementation of the recommendations, these are the measures FAO decided to adopt. Thus, it cannot be concluded that the interim adjustment freeze or the break in service and reappointment salary consequences were derived from the ICSC’s allegedly illegal decision and were not measures that the FAO decided to adopt as options for implementation of the ICSC recommendations.

    Keywords:

    icsc decision; impugned decision; salary;



  • Judgment 3739


    123rd Session, 2017
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges changes to the IFAD General Service Staff salary scale as a result of the implementation of recommendations contained in an ICSC report in 2012 on local employment conditions in Rome.

    Judgment keywords

    Keywords:

    icsc decision; impugned decision; salary;

    Consideration 7

    Extract:

    [I]t must be observed that, according to the documents that have been presented to the Tribunal, the recommendations in the relevant ICSC decisions were limited to and only established two things: a revised salary scale for the GS category in Rome and revised levels for dependency allowances, the latter not being in issue in this proceeding. The revised salary scale recommendation was silent with respect to all of the other matters dealt with in the 31 January 2013 President’s Bulletin. In particular, it did not deal with setting an implementation date; the application of the revised salary scale to only certain staff members; or the freezing of interim adjustments for staff appointed prior to 1 February 2013. As the record shows, none of these measures were explicitly mandated by the revised ICSC salary scale recommendation. Out of several possible options for the implementation of the recommendation, these are the measures IFAD decided to adopt. Thus, it cannot be concluded that the interim adjustment freeze was derived from the ICSC’s allegedly illegal decision and that it was not a measure that IFAD decided to adopt from among options for implementation of the ICSC recommendation.

    Keywords:

    icsc decision; impugned decision; salary;



  • Judgment 3691


    122nd Session, 2016
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the salary deductions made following their participation in strikes.

    Consideration 8

    Extract:

    Employees on strike must be considered to be in service with regard to social security coverage and the days of strike are counted as regular days with regard to the accumulation of pension.

    Keywords:

    deduction; salary; strike;

    Consideration 6

    Extract:

    [T]he complainants claim that the salary deductions, made as a consequence of their participation in the strikes, were not made in good faith and should be reimbursed as the strikes were rendered pointless by the unlawfulness of the decision. This claim is unfounded. The salary deductions were the necessary consequence of the complainants’ participation in the strikes in accordance with the principle of payment for services rendered. The reasons for the strikes and the complainants’ individual decisions to participate in the strikes are irrelevant. The deductions “merely give effect to a general rule, lawfully applied in the Organisation, which does not allow remuneration to be paid for services not rendered” (see Judgment 2516, consideration 6).

    Reference(s)

    ILOAT Judgment(s): 2516

    Keywords:

    deduction; salary; strike;



  • Judgment 3605


    121st Session, 2016
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to reassign him retroactively to UNIDO Headquarters in Vienna and to recalculate his salary and allowances accordingly, leading to a deduction from his remuneration.

    Judgment keywords

    Keywords:

    deduction; reassignment; salary;



  • 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:

    salary; step;



  • Judgment 3591


    121st Session, 2016
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to reduce his salary by half following the exhaustion of his entitlement to sick leave on full salary and pending a determination by an ad hoc medical board as to whether his illness is service-incurred.

    Judgment keywords

    Keywords:

    counterclaim; reduction; salary; service-incurred; sick leave;

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Last updated: 19.09.2019 ^ top