Judgment No. 1239
THE COMPLAINTS ARE DISMISSED.
"The Organization belongs to the common system of the United Nations, in particular for the purposes of staff pay. That being so, it comes under the authority of the General Assembly and the International Civil Service Commission. The conclusion is that the special arrangements the Organization made under former Regulation 3.1 bis could not be kept in the long run in defiance of the rules of the common system."
Organization rules reference: FORMER WIPO STAFF REGULATION 3.1 BIS
icsc decision; organisation; general assembly resolution; rule of another organisation; coordinated organisations; staff regulations and rules; salary
WIPO has repealed former Staff Regulation 3.1, which ensured that officials, in case of fluctuation in the exchange rate between the United States dollar and the Swiss franc, would get paid a "differential" to compensate for loss in the value of the dollar. "On the whole the arrangements under the common system afford a reasonable degree of compensation for the risks inherent in fluctuations in the dollar exchange rate. There is therefore no breach of the staff's acquired rights in the organization's decision, following adoption of the general assembly's resolutions and so as to conform with the rules of the common system, to cancel a particular benefit it had earlier granted to its staff. As is held in Judgment 1241 of this day [...], a benefit granted at a particular point in time to a staff member or a group of staff members may not indefinitely preclude reforms that are in the general interest."
Organization rules reference: FORMER WIPO STAFF REGULATION 3.1
ILOAT Judgment(s): 1241
tribunal; case law; acquired right; general assembly resolution; rule of another organisation; coordinated organisations; staff regulations and rules; salary; exchange rate; discontinuance; safeguard