POST ADJUSTMENT

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Keywords: POST ADJUSTMENT
Total judgments found: 13

• Judgment 1800

  
  86th session, 1999
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  CONSIDERATION 8

  Extract:

  "THE COMPLAINANTS' [...] PLEA IS THAT THE SOLE PURPOSE OF THE CHANGE IN THE RULES ON THE [POST ADJUSTMENT] INDEX [DECIDED BY THE ICSC] WAS TO SAVE MONEY. THE TRIBUNAL NEED ONLY QUOTE THE REPLY IT GAVE TO THAT ARGUMENT IN JUDGMENT 1776: 'IF THE NEW METHOD IS LAWFUL THE FACT THAT APPLYING IT SAVES MEMBER STATES MONEY CANNOT IN ITSELF BE A FLAW.' AND THE EVIDENCE SUGGESTS NO MISUSE OF AUTHORITY BY THE [ICSC], WHICH, AGAINST THE ODDS, TRIES TO FIND FROM TIME TO TIME OBJECTIVE CRITERIA FOR RECKONING POST ADJUSTMENT THROUGHOUT THE COMMON SYSTEM."

  Reference(s)

  ILOAT Judgment(s): 1776
  

  Keywords:

  amendment; budgetary reasons; case law; icsc decision; international civil servant; member state; misuse of authority; post adjustment; reckoning; right; salary; same;
  

  
  
  

• Judgment 1765

  
  85th session, 1998
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  CONSIDERATION 8

  Extract:

  THE INTERNATIONAL CIVIL SERVICE COMMISSION MADE A MISTAKE IN RECKONING THE MULTIPLIER USED TO WORK OUT THE POST ADJUSTMENT IN GENEVA. "[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."

  Keywords:

  adjustment; breach; complaint allowed; decision; icsc decision; material error; organisation's duties; post adjustment; right; salary;
  

  CONSIDERATION 12

  Extract:

  THE INTERNATIONAL CIVIL SERVICE COMMISSION MADE A MISTAKE IN RECKONING THE MULTIPLIER USED TO WORK OUT THE POST ADJUSTMENT FOR GENEVA FROM JULY 1994. "THERE IS NO MERIT TO THE COMMISSION'S PLEA THAT, NOT HAVING GOT WORD OF THE MISTAKE UNTIL AUGUST 1995, IT NEED NOT APPLY THE PROPER MULTIPLIER UNTIL FOUR MONTHS LATER. FOR ONE THING [...] THE DATA NEEDED TO PUT IT RIGHT HAD BEEN READILY AT HAND FOR WELL OVER A YEAR. IT WAS FOR WANT, NOT OF INFORMATION, BUT OF CARE ON THE PART OF THE COMMISSION OR ITS SECRETARIAT THAT THE MISTAKE CAME ABOUT. FOR ANOTHER THING, THE PLEA BETRAYS AN UTTER FAILURE TO GRASP WHAT THE FOUR-MONTH RULE MEANS. [...] IT HAS NO BEARING WHATEVER ON THE COMMISSION'S CORRECTION OF ANY MISTAKE OF ITS OWN MAKING."

  Keywords:

  adjustment; complaint allowed; cost-of-living increase; icsc decision; liability; material error; post adjustment; salary;
  

  
  
  

• Judgment 1604

  
  82nd session, 1997
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  CONSIDERATION 16

  Extract:

  THE COMPLAINANTS WANT THE ICSC TO CORRECT A MISTAKE IT MADE IN RECKONING THEIR POST ADJUSTMENT RETROACTIVELY. THE TRIBUNAL HOLDS THAT "MAKING A DECISION RETROACTIVE WOULD REQUIRE THE CALCULATION OF THE PAST PAY OF ALL THE STAFF CONCERNED, INCLUDING THOSE WHO HAVE SINCE LEFT. THE COMMISSION'S PRACTICE IS TO HAVE ITS DECISIONS TAKE EFFECT ONLY IN A FEW MONTHS' TIME SO THAT THE SECRETARIAT AND THE ORGANISATIONS MAY MAKE THE CALCULATIONS. THE TRIBUNAL CONCLUDES THAT IT IS NEITHER NECESSARY NOR EVEN REASONABLE TO REQUIRE RETROACTIVE APPLICATION OF THE REVISED METHOD. [...] ALL THE COMMISSION CAN DO IS TO KEEP [THE VARIOUS ELEMENTS] UNDER REVIEW AND, WHEN DEFECTS DO EMERGE, REVISE THE METHOD SO AS TO MAKE THE CORRECTION REASONABLY SOON."

  Keywords:

  application for quashing; decision; effect; icsc decision; material error; non-retroactivity; post adjustment; reckoning; salary; scale;
  

  
  
  

• Judgment 1460

  
  79th session, 1995
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  CONSIDERATION 10

  Extract:

  "THE SYSTEM OF POST ADJUSTMENT IS OF NO RELEVANCE TO DIFFERENCES IN WORKING HOURS [BETWEEN THE HEADQUARTER CITIES OF THE COMMON SYSTEM], BEING CONCERNED SOLELY WITH PARITY OF PURCHASING POWER, AND IS NOT AN APPROPRIATE MEANS OF SECURING COMPENSATION FOR DIFFERENCES IN WORKING HOURS BETWEEN DUTY STATIONS. THE SYSTEM MAKES NO PROVISION FOR SUCH EQUALISATION OF WORKING HOURS."

  Keywords:

  coordinated organisations; duty station; headquarters; post adjustment; professional category; salary; working hours;
  

  CONSIDERATION 11

  Extract:

  "THE WHOLE TIME OF STAFF MEMBERS IN THE PROFESSIONAL AND HIGHER CATEGORIES IS AT THE ORGANIZATION'S DISPOSAL AND THEY ARE PROPERLY EXPECTED TO COMPLETE THE WORK ASSIGNED TO THEM WITHOUT COMPENSATION FOR ANY OVERTIME. IT IS THEREFORE PERMISSIBLE TO BASE THEIR WORKING WEEK ON THE CONDITIONS PREVAILING AT THEIR DUTY STATION AND TO MAKE NO ADJUSTMENT IN PAY TO TAKE ACCOUNT OF DIFFERENCES IN HOURS OF WORK WITHIN THE COMMON SYSTEM."

  Keywords:

  duty station; overtime; post adjustment; professional category; staff member's duties; working hours;
  

  
  
  

• Judgment 1458

  
  79th session, 1995
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  CONSIDERATION 12

  Extract:

  THE ADVISORY COMMITTEE ON POST ADJUSTMENT QUESTIONS (ACPAQ) IS A SUBSIDIARY BODY OF THE INTERNATIONAL CIVIL SERVICE COMMISSION SET UP WITH THE APPROVAL OF THE GENERAL ASSEMBLY TO MAKE RECOMMENDATIONS ON THE GENERAL ADMINISTRATION OF THE SYSTEM OF POST ADJUSTMENTS. "IT HAS NO AUTHORITY TO MAKE DECISIONS. ITS RECOMMENDATIONS BECOME PART OF THE POST ADJUSTMENT SYSTEM ONLY WHEN APPROVED BY THE COMMISSION. THE CONCLUSION IS THAT THE RECOMMENDATION OF ACPAQ [...] HAS NO BINDING FORCE AND IS THEREFORE IRRELEVANT".

  Keywords:

  advisory body; advisory opinion; icsc decision; post adjustment;
  

  
  
  

• Judgment 831

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

  CONSIDERATION 22

  Extract:

  "ANOTHER PLEA OF THE COMPLAINANTS' IS THAT THE [INTERNATIONAL CIVIL SERVICE] COMMISSION MISUSED ITS AUTHORITY BY AVAILING ITSELF OF THE POST ADJUSTMENT WITH THE IMPROPER INTENT OF CHECKING AN ALLEGEDLY UNDUE WIDENING OF THE MARGIN. ONE REASON WHY THE PLEA FAILS IS THAT, AS HAS BEEN SEEN, THE COMMISSION ACTED INTRA VIRES. IN AUTHORISING THE COMMISSION TO SUSPEND THE INCREASE IN THE POST ADJUSTMENT THE ASSEMBLY ALSO AUTHORISED THE PURPOSE OF DOING SO."

  Keywords:

  adjustment; complaint allowed in part; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;
  

  
  
  

• Judgment 830

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

  CONSIDERATION 22

  Extract:

  SEE JUDGMENT 831, CONSIDERATION 22.

  Reference(s)

  ILOAT Judgment(s): 831
  

  Keywords:

  adjustment; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;
  

  
  
  

• Judgment 829

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

  CONSIDERATION 22

  Extract:

  VIDE JUDGMENT 831, CONSIDERATION 22.

  Reference(s)

  ILOAT Judgment(s): 831
  

  Keywords:

  adjustment; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;
  

  
  
  

• Judgment 828

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

  CONSIDERATION 21

  Extract:

  SEE JUDGMENT 831, CONSIDERATION 22.

  Reference(s)

  ILOAT Judgment(s): 831
  

  Keywords:

  adjustment; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;
  

  
  
  

• Judgment 827

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

  CONSIDERATION 22

  Extract:

  SEE JUDGMENT 831, CONSIDERATION 22.

  Reference(s)

  ILOAT Judgment(s): 831
  

  Keywords:

  adjustment; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;
  

  
  
  

• Judgment 826

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

  CONSIDERATION 22

  Extract:

  SEE JUDGMENT 831, CONSIDERATION 22.

  Reference(s)

  ILOAT Judgment(s): 831
  

  Keywords:

  adjustment; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;
  

  
  
  

• Judgment 825

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

  CONSIDERATION 22

  Extract:

  SEE JUDGMENT 831, CONSIDERATION 22.

  Reference(s)

  ILOAT Judgment(s): 831
  

  Keywords:

  adjustment; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;
  

  
  
  

• Judgment 374

  
  42nd session, 1979
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  CONSIDERATIONS

  Extract:

  "IT IS CLEAR FROM THE WORDING OF [JUDGMENT 306] THAT THE 'ONE YEAR'S SALARY' TO BE PAID IN LIEU OF REINSTATEMENT IS EQUIVALENT IN THE PRESENT INSTANCE TO THE SALARY WHICH THE COMPLAINANT WAS RECEIVING AT THE DATE WHEN HIS APPOINTMENT ENDED, I.E. THE NET SALARY WHICH HE WAS PAID AFTER DEDUCTION OF TAX AT THE SOURCE BUT INCLUDING INCIDENTAL ALLOWANCES, AND IN PARTICULAR POST ADJUSTMENT." THERE IS NO REASON TO TAKE ACCOUNT OF ANY POSSIBLE INCREMENT.

  Reference(s)

  ILOAT Judgment(s): 306
  

  Keywords:

  allowance; amount; application for interpretation; complaint allowed in part; damages; definition; increment; net salary; post adjustment; salary;