Judgment No. 424
1. THE IMPUGNED DECISION IS QUASHED.
2. THE COMPLAINANT IS PROMOTED TO GRADE P.2 FROM 1 JUNE 1977.
3. HE SHALL BE PAID THE DIFFERENCE BETWEEN THE SUMS DUE AND THE SUMS ACTUALLY PAID TO HIM SINCE THAT DATE.
4. HIS PERSONNEL RECORDS SHALL BE CORRECTED ACCORDINGLY.
5. THE ORGANIZATION SHALL PAY HIM 1,000 UNITED STATES DOLLARS IN COSTS.
Although the amount at stake is not high, the case is a complex one and warranted the assistance of counsel. The complainant is entitled to costs, but since his complaint is allowed only in part the Tribunal will award only 1,000 United States dollars.
complaint allowed in part; costs
"First, if the organization grants a salary increase, not of its own accord, but as the result of appeal proceedings duly introduced by the official, the increase will take effect from the date on which the proceedings were introduced. Otherwise an official who obtains satisfaction without taking action would enjoy an unfair advantage over an official who has been obliged to take steps to pursue his claim. Secondly, if the transfer procedure is unreasonably prolonged for causes attributable to the organization, the official should not suffer for the delay. The increase will therefore take effect on the date on which it ought to have been granted."
effective date; internal appeal; salary; date; increase
"The complainant [...] had to wait six months for his promotion. It is immaterial whether the long and futile delay was the fault of any PAHO body. All that need be said is that it was entirely due to the way in which PAHO bodies worked and that the organization should make good the wrong by transferring the complainant with effect from the date on which he ought normally to have been transferred [...]. The organization shall [...] pay the complainant the difference between the sums due and those actually paid to him [...] and shall correct his personnel records accordingly."
effective date; administrative delay; decision quashed; promotion; date