Judgment No. 382
Decision
The complaints and the applications to intervene are dismissed.
Consideration 1
Extract:
"It may or may not be relevant for the Tribunal to reach conclusions about the meaning and effect of [agreements between organisations and staff representatives] and to make findings about whether there has been a breach of them; if so, such conclusions may be expressed in the considerations leading to the order which the Tribunal makes. But they will not be part of the order and the Tribunal will not attend to requests for specific declarations."
Keywords
competence of tribunal; interpretation; staff union agreement; effect
Consideration 3
Extract:
The organization objects to the jurisdiction of the Tribunal "on the ground that, if the complaints are established, the Tribunal is not competent to grant the relief sought. Since [...] the Tribunal would, if the facts justify it, be competent to grant relief in some other appropriate form, the preliminary objection fails."
Keywords
claim; competence of tribunal
Consideration 7
Extract:
"The decision of the Secretary-General of the United Nations to apply the [general service salary] scales which are now in force in its Geneva office was challenged by an official of the United Nations in case no. 225 [...] before the Administrative Tribunal of the United Nations. This Tribunal is satisfied that the United Nations Tribunal is the proper forum for the determination of this issue. That Tribunal upheld as valid the decision of the Secretary-General of the United Nations." The decision taken by the Secretary-General of the WMO to apply those scales therefore stands.
Keywords
competence; judgment of the tribunal; unat; case law; amendment to the rules; enforcement; general service category; scale
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