Judgment No. 1160
1. THE DECISIONS OF 31 MAY 1990 AND 23 AUGUST 1990 ARE QUASHED INSOFAR AS THEY APPLY TO THE COMPLAINANTS THE FINDINGS OF THE 1987 SURVEY.
2. THE CASE IS SENT BACK TO THE DIRECTOR-GENERAL AND HE SHALL TAKE A NEW DECISION IN THE LIGHT OF THIS JUDGMENT.
3. THE COMPLAINANTS ARE EACH AWARDED 250 UNITED STATES DOLLARS IN COSTS.
4. ALL THE COMPLAINANTS' OTHER CLAIMS ARE DISMISSED.
5. THE INTERVENERS SHALL HAVE THE SAME RIGHTS AS THE COMPLAINANTS INSOFAR AS THEY ARE IN LIKE CASE IN LAW.
Considerations 11, 12 and 17
Salary scales for locally-recruited staff in the general service category are reviewed every few years on the strength of comprehensive surveys of local practice. The ICSC having approved a new "general methodology" for making the surveys, WHO decided to apply it. "Although the methodology was not binding on the Organization merely by virtue of the Commission's approval of it, the Organization's decision to apply it is one that it is not free afterwards to disclaim. [...] It is inconsistent for the Organization to argue before the Tribunal that there was nothing wrong with the surveys when the methodology was not strictly followed. [...] Because the survey was not carried out in accordance with the approved methodology the case must be sent back to the Director-General for a new decision".
icsc decision; inquiry; organisation's duties; general service category; reckoning; salary; local status; scale; adjustment; investigation
"Further claims [from one of the complainants] to a ruling on the Organization's alleged failure to deal with the issues in his statements of appeal and to 'directions' to the administration 'in the interest of justice' do not constitute proper forms of relief and therefore will not be entertained."
claim; failure to answer claim; receivability of the complaint; internal appeal; compensation