Judgment No. 1163
1. THE DIRECTOR-GENERAL'S DECISION OF 16 MAY 1990 IS QUASHED.
2. THE FAO SHALL PAY THE COMPLAINANT THE WITHIN-GRADE SALARY INCREMENT DUE TO HER AT STEP XII IN GRADE G.5 AS FROM 1 JUNE 1989, PLUS INTEREST RECKONED AT THE RATE OF 10 PER CENT A YEAR.
3. HER CLAIM TO MORAL DAMAGES IS DISMISSED.
4. THE ORGANIZATION SHALL PAY HER 2,000 SWISS FRANCS IN COSTS.
Considerations 7 and 9
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."
Organization rules reference: FAO MANUAL PARAGRAPH 308.411
ILOAT Judgment(s): 247
grounds; case law; staff regulations and rules; enforcement; interpretation; step; increment; increment withheld; satisfactory service; accumulation; unsatisfactory service; conduct; working relations; condition