Judgment No. 2170
1. THE IMPUGNED DECISION IS SET ASIDE.
2. THE ITU SHALL PAY THE COMPLAINANT HER SALARY INCREMENT FROM 1 JULY 2000, TOGETHER WITH INTEREST ON THE ARREARS AT 8 PER CENT PER ANNUM TO THE DATE OF PAYMENT.
3. IT SHALL ALSO PAY HER MORAL DAMAGES IN THE SUM OF 3,000 SWISS FRANCS AND COSTS IN THE AMOUNT OF 1,500 FRANCS.
4. ALL OTHER CLAIMS ARE DISMISSED.
The Organisation withheld the complainant's salary increment on the grounds that more time was needed to assess her performance. The Tribunal concludes from the relevant provisions that "the requirement that an annual performance report be established prior to the scheduled date of the annual salary increment is a formal one. The salary increment [...] was not preceded by an evaluation [...] it is the Organisation's responsibility to see to it that [an annual performance] report is prepared on time. a staff member's right to an increment cannot be defeated by the organisation's failure to comply with its own rules."
grounds; organisation; time limit; applicable law; organisation's duties; written rule; breach; provision; increment; increment withheld; performance report; salary; binding character; consequence; date; increase; refusal; right; official
"An international organisation has a duty to comply with its own internal rules and to conduct its affairs in a way that allows its employees to rely on the fact that these will be followed."
organisation's duties; written rule; staff regulations and rules; enforcement; official
The Organisation withheld the complainant's salary increment on the grounds that more time was needed to assess her performance. It claims that the complainant refused to cooperate with evaluations. "If that were the case, it was the job of the administration to deal with the situation and not to act as if the complainant did not exist[...] while there is no doubt that an employee cannot obtain the right to an annual salary increment by deliberately sabotaging the reporting process, it is equally the case that an employer cannot deprive its staff of the increments to which they are entitled by failing to complete the necessary preliminary steps."
procedure before the tribunal; grounds; failure to answer claim; organisation; time limit; organisation's duties; increment; increment withheld; work appraisal; performance report; salary; increase; refusal; right; official
The Organisation decided to withhold the complainant's salary increment. It failed to respond either to her initial request for review of the decision or to her subsequent appeal to the appeal board. "Since she succeeds in part, the complainant is entitled to moral damages which are aggravated by the [Organisation's] wholly unacceptable treatment of her internal appeal."
absence of final decision; failure to answer claim; injury; moral injury; internal appeal; delay