ILO is a specialized agency of the United Nations
ILO-en-strap
Site Map | Contact français
> Home > Triblex: case-law database > By thesaurus keyword

ICSC decision (35,-666)

You searched for:
Keywords: ICSC decision
Total judgments found: 47

< previous | 1, 2, 3 | next >



  • Judgment 1839


    86th Session, 1999
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 16-17

    Extract:

    "The complainants plead that the staff representatives having withdrawn, the [Local Salary Survey Committee] was no longer competent to act and that the organization was in breach of its duty of consulting the staff either through such a body or else, in accordance with Staff Regulation 8.1, directly. [This] plea [...] must fail. Not only did the Committee and its working party both comprising staff representatives function for many months before the survey began, but the Committee did not, as the complainants make out, cease to exist after the staff representatives had withdrawn. The [organization] repeatedly invited them to take part, and their refusal to do so did not have the effect of disqualifying the Committee or invalidating its recommendations. The methodology [of the International Civil Service Commission] provides in paragraph 6 that, though it is preferable to have representatives of both management and staff take part, the technical requirements will still be met even if one side prefers not to; so that actual participation by both sides is not a requirement. Nor was there any breach of Regulation 8.1. [The Tribunal draws an analogy between this issue and the issue considered in Judgment 1565]."

    Reference(s)

    Organization rules reference: WHO STAFF REGULATION 8.1 PARAGRAPH 6, METHODOLOGY OF THE INTERNATIONAL CIVIL SERVICE COMMISSION
    ILOAT Judgment(s): 1565

    Keywords:

    case law; competence; composition of the internal appeals body; consultation; delegated authority; formal requirements; icsc decision; organisation's duties; participation; qualifications; recommendation; salary; staff representative;



  • Judgment 1808


    86th Session, 1999
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "Grading turns on the duties of the post, not on the quality of performance. Nor do the master standard for classification of professional posts and the standards and procedures of the professional grading appeals committee lay any duty on the [organization] to make available an official's performance reports for the purpose of a grading exercise".

    Keywords:

    criteria; grade; icsc decision; organisation's duties; performance report; post; post classification; post held by the complainant; professional category; reclassification; work appraisal;



  • Judgment 1800


    86th Session, 1999
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "The complainants' [...] plea is that the sole purpose of the change in the rules on the [post adjustment] index [decided by the ICSC] was to save money. The Tribunal need only quote the reply it gave to that argument in Judgment 1776: 'If the new method is lawful the fact that applying it saves member States money cannot in itself be a flaw.' And the evidence suggests no misuse of authority by the [ICSC], which, against the odds, tries to find from time to time objective criteria for reckoning post adjustment throughout the common system."

    Reference(s)

    ILOAT Judgment(s): 1776

    Keywords:

    abuse of power; amendment to the rules; budgetary reasons; case law; icsc decision; member state; misuse of authority; official; post adjustment; reckoning; right; salary;



  • Judgment 1765


    85th Session, 1998
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The International Civil Service Commission made a mistake in reckoning the multiplier used to work out the post adjustment in Geneva. "[The Organization] has the duty of checking the lawfulness of any decision by another body on which it bases its own decision. So too must it check the adequacy of action by that other body to correct any mistake it may have made, and make sure that such corrective action respects the rights of staff."

    Keywords:

    adjustment; breach; decision; icsc decision; organisation's duties; post adjustment; right; salary;

    Consideration 12

    Extract:

    The International Civil Service Commission made a mistake in reckoning the multiplier used to work out the post adjustment for Geneva from July 1994. "There is no merit to the Commission's plea that, not having got word of the mistake until August 1995, it need not apply the proper multiplier until four months later. For one thing [...] the data needed to put it right had been readily at hand for well over a year. It was for want, not of information, but of care on the part of the Commission or its secretariat that the mistake came about. For another thing, the plea betrays an utter failure to grasp what the four-month rule means. [...] It has no bearing whatever on the Commission's correction of any mistake of its own making."

    Keywords:

    adjustment; cost-of-living increase; icsc decision; liability; post adjustment; salary;



  • Judgment 1713


    84th Session, 1998
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    "The manner of applying Flemming does not turn on such variables as the desire of staff to keep their jobs or the ease or difficulty of finding good local recruits. What Flemming ordains is that general service staff shall have pay and other terms of employment that match the best on offer at their duty station."

    Keywords:

    elements; flemming principle; icsc decision; official; safeguard; salary;

    Consideration 14

    Extract:

    "The dropping, and even the phasing out, of the language factor is a decision that ignores the peculiarities of the employment market in Rome. It therefore amounts to breach of the right of general service staff to one of the terms of employment - namely pay - that must [...] be 'among the best in the locality without being the absolute best'."

    Keywords:

    breach; flemming principle; general service category; icsc decision; language allowance; official; salary;

    Consideration 8

    Extract:

    "In choosing figures of local pay for the purpose of applying Flemming there can be no single hard-and-fast approach. As was held in Judgment 1265, the [ICSC] must be allowed some discretion over method, even though the Tribunal will still review the exercise of it. The decision impugned may not stand if, say, it overlooks or misconstrues some particular factor, or if some method is applied for the wilful contrivance of lower figures of local pay, or if corners are cut for the sake of saving time, but to the detriment of staff interests."

    Reference(s)

    ILOAT Judgment(s): 1265

    Keywords:

    abuse of power; discretion; disregard of essential fact; flaw; flemming principle; icsc decision; judicial review; mistake of fact; mistaken conclusion; misuse of authority; salary;

    Consideration 15

    Extract:

    "The Tribunal will not entertain any general challenge to the policies of the [ICSC] or of the FAO: it will rule only on particular pleas from the parties."

    Keywords:

    discretion; icsc decision; judicial review; limits;



  • Judgment 1641


    83rd Session, 1997
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The Tribunal holds that "if [the rules for reckoning post adjustments] reflect the current state of the employment market and the financial straits that some organisations are in, the Commission and the Organization may not be held liable on that account."

    Keywords:

    adjustment; budgetary reasons; decision; icsc decision; organisation; salary; scale;

    Consideration 2

    Extract:

    The case concerns the "general methodology" which provides the procedure for the salary surveys done under the auspices of the International Civil Service Commission (ICSC) and which permits adjustments in pay. The ICSC and the United Nations were granted leave to intervene, but the complainants object to the intervention by the UN. "Under Article 13, paragraph 3, of the Rules of the Tribunal the President may allow submissions from a third party." The Tribunal holds that it was appropriate to allow the United Nations to comment, "the aim being to make for uniform application of the rules to the organisations of the United Nations 'common system'."

    Reference(s)

    ILOAT reference: ARTICLE 13(3) OF THE RULES

    Keywords:

    adjustment; coordinated organisations; enforcement; icsc decision; iloat statute; inquiry; investigation; organisation; president of the tribunal; rule of another organisation; salary; scale; submissions;



  • Judgment 1604


    82nd Session, 1997
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    The complainants want the ICSC to correct a mistake it made in reckoning their post adjustment retroactively. The Tribunal holds that "making a decision retroactive would require the calculation of the past pay of all the staff concerned, including those who have since left. The Commission's practice is to have its decisions take effect only in a few months' time so that the Secretariat and the organisations may make the calculations. The Tribunal concludes that it is neither necessary nor even reasonable to require retroactive application of the revised method. [...] All the Commission can do is to keep [the various elements] under review and, when defects do emerge, revise the method so as to make the correction reasonably soon."

    Keywords:

    decision; effect; icsc decision; non-retroactivity; post adjustment; reckoning; salary; scale;



  • Judgment 1603


    82nd Session, 1997
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The International Civil Service Commission "may make recommendations for aligning conditions of service in the common system and may decide on the methods of determining them. Yet the staff may still challenge any action by that body, independent though it be of the organisation that employs them. [...] So the complainants may challenge the lawfulness of the Commission's method [...] even though the FAO has done no more than fall in line."

    Keywords:

    complaint; coordinated organisations; general decision; icsc decision; receivability of the complaint; recommendation; rule of another organisation; salary; terms of appointment;



  • Judgment 1519


    81st Session, 1996
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    "The complainants argue that the [salary] survey ought to have compared jobs at like levels of seniority inside and outside [the organization] and not ignored the inverted 'pyramid' of the age structure of [the organization's] staff. There is merit to the criticism. Yet to whichever side one may tend on that point, the comparison is fated to go awry. In any event there was nothing unlawful in the approach the survey took. Neither [the ICSC] nor [the] organization went beyond the bounds of the discretion that the case law allow".

    Keywords:

    case law; discretion; flemming principle; general service category; icsc decision; inquiry; investigation; salary; seniority; step; terms of appointment;

    Consideration 7

    Extract:

    "The complainants' plea that the [ICSC's] method of comparison with outside pay [as modified in 1992] should not have disregarded training would carry weight if it had any merit [...] but it is hard to evaluate the benefits of it to staff. Any attempt to do so may end in approximation or error because those benefits are not a reward for services rendered and depend on each staff member's duties, experience and career prospects. Though comparison of such benefits might have proved possible, the [ICSC's] methodology did not have to take account of them."

    Keywords:

    discretion; flemming principle; general service category; icsc decision; inquiry; investigation; salary; terms of appointment;

    Consideration 12

    Extract:

    The International Civil Service Commission was not "bound to recommend that [the organization] fall in line with the practice of outside employers [...] In respect of compulsory insurance premiums and the refund of expenses incurred [the organization's] scheme of staff health insurance and the [national] social security system [...] are not closely comparable; indeed they are quite different. [...] The Commission abided by the applicable methodology - for all its flaws on that count - and [the organization] made no mistake of fact or of law."

    Keywords:

    contributions; flemming principle; general service category; health insurance; icsc decision; inquiry; insurance; investigation; salary; social benefits; terms of appointment;

    Consideration 4

    Extract:

    "The Tribunal's power of review over the setting of pay has been defined in, for example, Judgments 1000 [...], 1265 [...], 1498 [...] and 1499 [...]. Thus Judgment 1265 says that the Tribunal will review both the validity of the criteria on which the methodology rests and the [International Civil Service] Commission's compliance with the methodology."

    Reference(s)

    ILOAT Judgment(s): 1000, 1265, 1498, 1499

    Keywords:

    case law; icsc decision; judicial review; salary; scale;

    Consideration 6

    Extract:

    "The revision of 1992 [of the general methodology which the International Civil Service Commission applies to salary service] did result in a reduction of outside employees' fringe benefits. [...] According to the survey [...] the goods and services taken into account were such that the effect of the change was slight. So the revision is not to be deemed unlawful on that score, the Commission exercised its discretion".

    Keywords:

    discretion; flemming principle; fringe benefits; general service category; icsc decision; inquiry; investigation; reckoning; salary; scale;



  • Judgment 1458


    79th Session, 1995
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    The Advisory Committee on Post Adjustment Questions (ACPAQ) is a subsidiary body of the International Civil Service Commission set up with the approval of the General Assembly to make recommendations on the general administration of the system of post adjustments. "It has no authority to make decisions. Its recommendations become part of the post adjustment system only when approved by the Commission. The conclusion is that the recommendation of ACPAQ [...] has no binding force and is therefore irrelevant".

    Keywords:

    advisory body; advisory opinion; icsc decision; internal appeals body; post adjustment; recommendation;



  • Judgment 1356


    77th Session, 1994
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "In refusing the complainant's claims the Union has acted in accordance with its own rules and with its obligations as a member of the common system and under the Statute of the International Civil Service Commission. Those claims are nothing more than an attempt to challenge the pay scales under the guise of attacking the multiplier."

    Keywords:

    adjustment; coordinated organisations; icsc decision; icsc statute; organisation's duties; reckoning; salary; scale; staff regulations and rules;



  • Judgment 1266


    75th Session, 1993
    International Union for the Protection of New Varieties of Plants
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 21

    Extract:

    Vide Judgment 1265, consideration 21.

    Reference(s)

    ILOAT Judgment(s): 382, 825

    Keywords:

    adjustment; case law; coordinated organisations; general service category; icsc decision; local status; organisation's duties; reckoning; right of appeal; salary; scale; tribunal;

    Consideration 24

    Extract:

    Vide Judgment 1265, consideration 24.

    Keywords:

    adjustment; competence of tribunal; coordinated organisations; declaration of recognition; general service category; icsc decision; local status; official; organisation's duties; reckoning; right of appeal; salary; scale; written rule;

    Consideration 22

    Extract:

    Vide Judgment 1265, consideration 22.

    Reference(s)

    ILOAT Judgment(s): 1000

    Keywords:

    cause of action; complainant; icsc decision;

    Consideration 23

    Extract:

    Vide Judgment 1265, consideration 23.

    Reference(s)

    ILOAT Judgment(s): 1197

    Keywords:

    adjustment; adversarial proceedings; coordinated organisations; duty to inform; general service category; icsc decision; local status; organisation's duties; reckoning; salary; scale; tribunal;

    Considerations 26 and 28

    Extract:

    Vide Judgment 1265, considerations 26 and 28.

    Keywords:

    adjustment; case law; criteria; discretion; general service category; icsc decision; judicial review; limits; local status; reckoning; salary; scale;

    Considerations 26 and 29

    Extract:

    Vide Judgment 1265, considerations 26 and 29.

    Keywords:

    adjustment; case law; criteria; discretion; icsc decision; judicial review; limits; municipal court; reckoning; salary; scale;

    Considerations 26-27

    Extract:

    Vide Judgment 1265, considerations 26 and 27.

    Keywords:

    adjustment; criteria; discretion; general service category; icsc decision; judicial review; limits; local status; reckoning; salary; scale; staff member's interest;



  • Judgment 1265


    75th Session, 1993
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 26 and 29

    Extract:

    The organization, a member of the "common system" administered by the ICSC, revised the salaries of staff in the general service category in keeping with a scale drawn up by the ICSC for organisations whose headquarters are in Geneva. The complainants submit that the ICSC's decisions are invalid. "The Tribunal may not interfere in the exercise of [the organization's] discretion or in the drafting of the salary policy it is based on. But it does have a power of review in this area which is clearly defined [...] the Tribunal has, like other international and national administrative tribunals, set criteria for what may be termed 'external' or 'marginal' review of discretionary decisions, and [...] they were set out in detail in Judgment 1000, under 12."

    Reference(s)

    ILOAT Judgment(s): 1000

    Keywords:

    adjustment; case law; compensation; criteria; discretion; general service category; icsc decision; judicial review; limits; municipal court; reckoning; salary; scale;

    Consideration 24

    Extract:

    The organization, a member of the "common system" administered by the ICSC, revised the salaries of staff in the general service category in keeping with a scale drawn up by the ICSC for organisations whose headquarters are in Geneva. The complainants submit that the ICSC's decisions are invalid. "Insofar as such standards are found to be flawed they may not be imposed on the staff and WIPO must if need be replace them with provisions that comply with the law of the international civil service. That is an essential feature of the principles governing the international legal system the Tribunal is called upon to safeguard. It is therefore plain that the complainants' rights to judicial process are safeguarded by the defendant organization's recognition of the Tribunal's jurisdiction. Such jurisdiction may not be restricted by the introduction into the organization's Staff Regulations or Rules adopted by bodies outside the Tribunal's competence."

    Keywords:

    adjustment; competence of tribunal; coordinated organisations; declaration of recognition; general service category; icsc decision; international civil service principles; judicial review; local status; official; organisation's duties; reckoning; right of appeal; salary; scale; staff member's interest; written rule;

    Considerations 26 and 28

    Extract:

    The organization, a member of the "common system" administered by the ICSC, revised the salaries of staff in the general service category in keeping with a scale drawn up by the ICSC for organisations whose headquarters are in Geneva. The complainants submit that the ICSC's decisions are invalid. "The Tribunal may not interfere in the exercise of such discretion or in the drafting of the salary policy it is based on. But it does have a power of review in this area which is clearly defined [...] there are specific [factors] that in this comparative sort of exercise must be taken in isolation from the rest and subject to critical evaluation. Judgment 1000 [...] illustrates how such a procedure may yield notable results. In this case the information provided by the Commission shows that it is quite possible to isolate the factor at issue and even to put exact figures on the effects they have on the salary scale."

    Reference(s)

    ILOAT Judgment(s): 1000

    Keywords:

    adjustment; case law; criteria; discretion; general service category; icsc decision; judicial review; limits; local status; reckoning; salary; scale;

    Consideration 21

    Extract:

    The organization, a member of the "common system" administered by the ICSC, revised the salaries of its staff in the general service category in keeping with a scale drawn up by the ICSC for organisations whose headquarters are in Geneva. The organization, having thus complied with the obligations it derives from membership of the common system, "may not in that way decline or limit its own responsibility towards the members of its staff or lessen the degree of judicial protection it owes them. The Tribunal has already had occasion to speak of that responsibility and to stress the duty of any organisation that introduces elements of the common system or any other outside system into its own rules to make sure that the texts it thereby imports are lawful: see Judgment 825 [...], under 18, which in turn refers to Judgment 382 [...], under 6."

    Reference(s)

    ILOAT Judgment(s): 382, 825

    Keywords:

    adjustment; case law; coordinated organisations; general service category; icsc decision; judicial review; local status; organisation's duties; reckoning; right of appeal; salary; scale;

    Considerations 26-27

    Extract:

    The organization, a member of the "common system" administered by the ICSC, revised the salaries of staff in the general service category in keeping with a scale drawn up by the ICSC for organisations whose headquarters are in Geneva. The complainants submit that the ICSC's decisions are invalid. "[T]he Tribunal may not interfere in the exercise of such discretion or in the drafting of the salary policy it is based on. But it does have a power of review in this area which is clearly defined [...] it will consider in the event of dispute whether the Commission's methodology has been properly observed. The methodology is an important factor in ensuring that the results are stable, foreseeable and clearly understood. And though the Commission is free to choose its methods, once it has chosen them the staff may expect them to be followed in all circumstances."

    Keywords:

    adjustment; criteria; discretion; general service category; icsc decision; judicial review; limits; local status; patere legem; reckoning; salary; scale; staff member's interest;

    Consideration 23

    Extract:

    The organization, a member of the "common system" administered by the ICSC, revised the salaries of staff in the general service category in keeping with a scale drawn up by the ICSC for organistions whose headquarters are in Geneva. WIPO says it is unable to submit any comments on the complainants arguments because it lacked authority to set the salary scales. Having done what was required to import the challenged scale in full into WIPO's own rules and thereby endorsed the ICSC's decisions without qualification, the Director General then "took up an unhelpful posture and thereby prevented before the Tribunal the adversarial pleadings that are an essential feature of judicial process and, besides, indispensable for providing the Tribunal with adequate information: see Judgment 1197 [...], under 13 and 14."

    Reference(s)

    ILOAT Judgment(s): 1197

    Keywords:

    adjustment; adversarial proceedings; coordinated organisations; duty to inform; general service category; icsc decision; judicial review; local status; organisation's duties; reckoning; salary; scale;

    Consideration 22

    Extract:

    In Judgment 1000, under 12, the Tribunal held that "when impugning an individual decision that touches him directly the employee of an international organisation may challenge the lawfulness of any general or prior decision, even by someone outside the organisation, that affords the basis for the individual one". The complainants may therefore challenge "the lawfulness of any measure taken by the Commission that serves as the basis for the decisions affecting them, whatever method may have been adopted to import it into the organization's own rules."

    Reference(s)

    ILOAT Judgment(s): 1000

    Keywords:

    case law; cause of action; complainant; decision; decision-maker; general decision; icsc decision; individual decision; judicial review;



  • Judgment 1239


    74th Session, 1993
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 7-8

    Extract:

    "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."

    Reference(s)

    Organization rules reference: FORMER WIPO STAFF REGULATION 3.1 BIS

    Keywords:

    coordinated organisations; general assembly resolution; icsc decision; organisation; rule of another organisation; salary; staff regulations and rules;



  • Judgment 1160


    72nd Session, 1992
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 11, 12 and 17

    Extract:

    Salary scales for locally-recruited staff in the general service category are reviewed every few years on the strength of comprehensive surveys of local practice. The ICSC having approved a new "general methodology" for making the surveys, WHO decided to apply it. "Although the methodology was not binding on the Organization merely by virtue of the Commission's approval of it, the Organization's decision to apply it is one that it is not free afterwards to disclaim. [...] It is inconsistent for the Organization to argue before the Tribunal that there was nothing wrong with the surveys when the methodology was not strictly followed. [...] Because the survey was not carried out in accordance with the approved methodology the case must be sent back to the Director-General for a new decision".

    Keywords:

    adjustment; general service category; icsc decision; inquiry; investigation; local status; organisation's duties; reckoning; salary; scale;



  • Judgment 1086


    70th Session, 1991
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    Having accepted the International Civil Service Commission's Statute, the IAEA must treat the Commission's recommendations as binding insofar as they are clear.

    Keywords:

    binding character; enforcement; icsc decision; organisation;



  • Judgment 1001


    68th Session, 1990
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainants, who are employed by UNIDO in the general service category, seek the quashing of decisions setting their pay according to the new salary scales brought in as from 1 October 1987. They are objecting to the flat 2.4 per cent salary cut included in scales drawn up on the basis of an International Civil Service Commission recommendation to account for the so-called "commissary benefit". UNIDO Staff Regulation 6.5(a) says that the pay of staff in the general service category shall be based on "the best prevailing conditions of employment in the locality" (Flemming principle). The Tribunal holds that for the purpose of establishing parity with local pay the only relevant items are the ones defined in the Staff Regulations and financial rules of the organisation and paid out of its own funds. It follows that such a benefit as access to the commissary, which is provided for neither in the Staff Regulations nor in the financial rules and is a form of tax relief bestowed by the host country at no cost to the Organisation, may not count in a comparison of this nature. The Organization's decision to reduce salaries is unlawful and cannot stand. The cases are sent back to UNIDO for the recalculation of their pay.

    Reference(s)

    Organization rules reference: UNIDO STAFF REGULATION 6.5(A)

    Keywords:

    elements; enforcement; flaw; flemming principle; fringe benefits; general service category; headquarters agreement; icsc decision; privileges and immunities; reckoning; reduction of salary; salary; scale; staff regulations and rules;



  • Judgment 1000


    68th Session, 1990
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainants, who are employed by the IAEA in the general service category, seek the quashing of decisions setting their pay according to the new salary scales brought in as from 1 October 1987. They are objecting to the flat 2.4 per cent salary cut included in scales drawn up on the basis of an International Civil Service Commission recommendation to account for the so-called "commissary benefit". Annex II.B.1 of the Agency's Provisional Staff Regulations says that the pay of staff in the general service category shall be based on "the best prevailing conditions of employment in the locality" (Flemming principle). The Tribunal holds that for the purpose of establishing parity with local pay the only relevant items are the ones defined in the Staff Regulations and financial rules of the organisation and paid out of its own funds. It follows that such a benefit as access to the commissary, which is provided for neither in the Staff Regulations nor in the financial rules and is a form of tax relief bestowed by the host country at no cost to the organisation, may not count in a comparison of this nature. The Agency's decision to reduce salaries is unlawful and cannot stand. The cases are sent back to the Agency for the recalculation of their pay.

    Reference(s)

    Organization rules reference: ANNEX II.B.1 OF THE IAEA PROVISIONAL STAFF REGULATIONS

    Keywords:

    elements; enforcement; flaw; flemming principle; fringe benefits; general service category; headquarters agreement; icsc decision; privileges and immunities; reckoning; reduction of salary; salary; scale; staff regulations and rules;



  • Judgment 831


    62nd Session, 1987
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    "Whether or not the decision [of the International Civil Service Commission] is put into the Staff Regulations is immaterial: be that as it may it is binding on the Director-General only if lawful."

    Keywords:

    binding character; condition; enforcement; executive head; general decision; icsc decision; judicial review;

    Consideration 22

    Extract:

    "Another plea of the complainants' is that the [International Civil Service] Commission misused its authority by availing itself of the post adjustment with the improper intent of checking an allegedly undue widening of the margin. One reason why the plea fails is that, as has been seen, the Commission acted intra vires. In authorising the Commission to suspend the increase in the post adjustment the Assembly also authorised the purpose of doing so."

    Keywords:

    abuse of power; adjustment; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;



  • Judgment 830


    62nd Session, 1987
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    See Judgment 831, consideration 18.

    Reference(s)

    ILOAT Judgment(s): 831

    Keywords:

    binding character; condition; enforcement; executive head; general decision; icsc decision; judicial review;

    Consideration 22

    Extract:

    See Judgment 831, consideration 22.

    Reference(s)

    ILOAT Judgment(s): 831

    Keywords:

    abuse of power; adjustment; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;

< previous | 1, 2, 3 | next >


 
Last updated: 07.03.2024 ^ top