Judgment No. 3360
Decision
The complaints are dismissed.
Summary
The Tribunal dismissed the complaints seeking a review of the decision to apply to the complainants’ salaries the post adjustment calculated on the basis of the ICSC 2010 cost-of-living survey for Vienna.
Judgment keywords
Keywords
noblemaire principle; salary; cost-of-living increase; post adjustment; complaint dismissed
Consideration 4
Extract:
"The complaints are receivable and the Tribunal is competent to rule on their merits. However as they raise issues of a very technical nature, similar considerations apply here as in Judgment 3273, under 6, where the Tribunal noted that “an evaluation or classification exercise is based on the technical judgment to be made by those whose training and experience equip them for that task. It is subject to only limited review. The Tribunal cannot, in particular, substitute its own assessment for that of the organisation. Such a decision cannot be set aside unless it was taken without authority, shows some formal or procedural flaw or a mistake of fact or of law, overlooks some material fact, draws clearly mistaken conclusions from the facts or is an abuse of authority (see, for example, Judgment 2581).”"
Reference(s)
Jugement(s) TAOIT: 2581, 3273
Keywords
competence of tribunal
Consideration 7
Extract:
"While ideally, the ICSC would be able to use only precise numbers to reflect staff rents for each duty station, the reality is that it would be excessively cumbersome to adopt that methodology, particularly considering that the rates would not undergo drastic changes from the estimated numbers that are currently used. Considering the overall goal of establishing and maintaining purchasing parity among the various duty stations and the difficulty associated with calculating costs using every single staff member’s precise information, the Tribunal concludes that it is not unreasonable for the ICSC to adopt a system of estimation in the interest of efficiency and brevity. The Tribunal is satisfied that the methodology used was established pursuant to a prescribed, transparent process, without any vitiating errors of fact or law."
Keywords
icsc decision; salary
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