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UN Common System (854,-666)

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Keywords: UN Common System
Total judgments found: 5

  • Judgment 4138


    128th Session, 2019
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the decision to apply to their salaries the post adjustment multiplier determined by the ICSC on the basis of its 2016 cost-of-living survey for Geneva, with the result that their salaries were reduced.

    Consideration 41

    Extract:

    [T]he purpose for which the whole scheme of post adjustments was established, namely to give effect to the Noblemaire principle [...], is not to create economies by reducing salary costs even if, in relation to any particular duty station, that is a consequence of the operation of the scheme for the purpose for which it was established.

    Keywords:

    noblemaire principle; post adjustment; salary; un common system;

    Consideration 8

    Extract:

    Some principles in the case law of the Tribunal should be noted [...]. The first is, as observed in Judgment 1266, consideration 24, that:
    ď[...] by incorporating the standards of the common system in its own rules the [organization] has assumed responsibility towards its staff for any unlawful elements that those standards may contain or entail. Insofar as such standards are found to be flawed they may not be imposed on the staff and [the organization] 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.Ē

    Reference(s)

    ILOAT Judgment(s): 1266

    Keywords:

    general decision; receivability of the complaint; un common system;

    Consideration 29

    Extract:

    The Tribunalís mandate deriving from its Statute is, fundamentally, to resolve individual disputes between an organization and one or a number of members or former members of its staff. Over the life of the Tribunal a matrix of legal principles has been developed and applied by the Tribunal to ensure just and principled outcomes both from the perspective of members of staff and also the perspective of organizations as employers. In its judgments the Tribunal has recognised and accepted the existence of the United Nations common system and respected its objectives. However, the existence of the United Nations common system and a desire to maintain its integrity should not, in itself, compromise the Tribunalís adjudication of individual disputes in any particular case or series of cases involving the application of its principles. Indeed, in Judgment 2303, consideration 7, the Tribunal acknowledged the argument of the organization that considerable inconvenience arose from an earlier judgment (Judgment 1713) and it was virtually impossible for the organization to depart from the scale recommended by the ICSC. The Tribunal has to recognise that an organizationís legal obligations arising from the operation of the common system could have legal ramifications for an organization that inform or even determine the resolution of any particular dispute. However notwithstanding these matters, the Tribunal must uphold a plea from a staff member or members if it is established that the organization has acted unlawfully.

    Reference(s)

    ILOAT Judgment(s): 1713, 2303

    Keywords:

    competence of tribunal; general decision; icsc decision; un common system;



  • Judgment 4137


    128th Session, 2019
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the decision to apply to their salaries the post adjustment multiplier determined by the ICSC on the basis of its 2016 cost-of-living survey for Geneva, with the result that their salaries were reduced.

    Consideration 7

    Extract:

    Some principles in the case law of the Tribunal should be noted [...]. The first is, as observed in Judgment 1266, consideration 24, that:
    ď[...] by incorporating the standards of the common system in its own rules the [organization] has assumed responsibility towards its staff for any unlawful elements that those standards may contain or entail. Insofar as such standards are found to be flawed they may not be imposed on the staff and [the organization] 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.Ē

    Reference(s)

    ILOAT Judgment(s): 1266

    Keywords:

    general decision; receivability of the complaint; un common system;

    Consideration 23

    Extract:

    The Tribunalís mandate deriving from its Statute is, fundamentally, to resolve individual disputes between an organization and one or a number of members or former members of its staff. Over the life of the Tribunal a matrix of legal principles has been developed and applied by the Tribunal to ensure just and principled outcomes both from the perspective of members of staff and also the perspective of organizations as employers. In its judgments the Tribunal has recognised and accepted the existence of the United Nations common system and respected its objectives. However, the existence of the United Nations common system and a desire to maintain its integrity should not, in itself, compromise the Tribunalís adjudication of individual disputes in any particular case or series of cases involving the application of its principles. Indeed, in Judgment 2303, consideration 7, the Tribunal acknowledged the argument of the organization that considerable inconvenience arose from an earlier judgment (Judgment 1713) and it was virtually impossible for the organization to depart from the scale recommended by the ICSC. The Tribunal has to recognise that an organizationís legal obligations arising from the operation of the common system could have legal ramifications for an organization that inform or even determine the resolution of any particular dispute. However notwithstanding these matters, the Tribunal must uphold a plea from a staff member or members if it is established that the organization has acted unlawfully.

    Reference(s)

    ILOAT Judgment(s): 1713, 2303

    Keywords:

    competence of tribunal; general decision; icsc decision; un common system;

    Consideration 33

    Extract:

    T]he purpose for which the whole scheme of post adjustments was established, namely to give effect to the Noblemaire principle [...], is not to create economies by reducing salary costs even if, in relation to any particular duty station, that is a consequence of the operation of the scheme for the purpose for which it was established.

    Keywords:

    noblemaire principle; post adjustment; salary; un common system;



  • Judgment 4136


    128th Session, 2019
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the decision to apply to their salaries the post adjustment multiplier determined by the ICSC on the basis of its 2016 cost-of-living survey for Geneva, with the result that their salaries were reduced.

    Consideration 7

    Extract:

    Some principles in the case law of the Tribunal should be noted immediately. The first is, as observed in Judgment 1266, consideration 24, that:
    ď[...] by incorporating the standards of the common system in its own rules the [organization] has assumed responsibility towards its staff for any unlawful elements that those standards may contain or entail. Insofar as such standards are found to be flawed they may not be imposed on the staff and [the organization] 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.Ē

    Reference(s)

    ILOAT Judgment(s): 1266

    Keywords:

    general decision; receivability of the complaint; un common system;

    Consideration 33

    Extract:

    [T]he purpose for which the whole scheme of post adjustments was established, namely to give effect to the Noblemaire principle ...], is not to create economies by reducing salary costs even if, in relation to any particular duty station, that is a consequence of the operation of the scheme for the purpose for which it was established.

    Keywords:

    noblemaire principle; post adjustment; salary; un common system;

    Consideration 23

    Extract:

    The Tribunalís mandate deriving from its Statute is, fundamentally, to resolve individual disputes between an organization and one or a number of members or former members of its staff. Over the life of the Tribunal a matrix of legal principles has been developed and applied by the Tribunal to ensure just and principled outcomes both from the perspective of members of staff and also the perspective of organizations as employers. In its judgments the Tribunal has recognised and accepted the existence of the United Nations common system and respected its objectives. However, the existence of the United Nations common system and a desire to maintain its integrity should not, in itself, compromise the Tribunalís adjudication of individual disputes in any particular case or series of cases involving the application of its principles. Indeed, in Judgment 2303, consideration 7, the Tribunal acknowledged the argument of the organization that considerable inconvenience arose from an earlier judgment (Judgment 1713) and it was virtually impossible for the organization to depart from the scale recommended by the ICSC. The Tribunal has to recognise that an organizationís legal obligations arising from the operation of the common system could have legal ramifications for an organization that inform or even determine the resolution of any particular dispute. However notwithstanding these matters, the Tribunal must uphold a plea from a staff member or members if it is established that the organization has acted unlawfully.

    Reference(s)

    ILOAT Judgment(s): 1713, 2303

    Keywords:

    competence of tribunal; general decision; icsc decision; un common system;



  • Judgment 4135


    128th Session, 2019
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the decision to apply to their salaries the post adjustment multiplier determined by the ICSC on the basis of its 2016 cost-of-living survey for Geneva, with the result that their salaries were reduced.

    Consideration 10

    Extract:

    Some principles in the case law of the Tribunal should be noted [...]. The first is, as observed in Judgment 1266, consideration 24, that:
    ď[...] by incorporating the standards of the common system in its own rules the [organization] has assumed responsibility towards its staff for any unlawful elements that those standards may contain or entail. Insofar as such standards are found to be flawed they may not be imposed on the staff and [the organization] 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.Ē

    Reference(s)

    ILOAT Judgment(s): 1266

    Keywords:

    general decision; receivability of the complaint; un common system;

    Consideration 28

    Extract:

    The Tribunalís mandate deriving from its Statute is, fundamentally, to resolve individual disputes between an organization and one or a number of members or former members of its staff. Over the life of the Tribunal a matrix of legal principles has been developed and applied by the Tribunal to ensure just and principled outcomes both from the perspective of members of staff and also the perspective of organizations as employers. In its judgments the Tribunal has recognised and accepted the existence of the United Nations common system and respected its objectives. However, the existence of the United Nations common system and a desire to maintain its integrity should not, in itself, compromise the Tribunalís adjudication of individual disputes in any particular case or series of cases involving the application of its principles. Indeed, in Judgment 2303, consideration 7, the Tribunal acknowledged the argument of the organization that considerable inconvenience arose from an earlier judgment (Judgment 1713) and it was virtually impossible for the organization to depart from the scale recommended by the ICSC. The Tribunal has to recognise that an organizationís legal obligations arising from the operation of the common system could have legal ramifications for an organization that inform or even determine the resolution of any particular dispute. However notwithstanding these matters, the Tribunal must uphold a plea from a staff member or members if it is established that the organization has acted unlawfully.

    Reference(s)

    ILOAT Judgment(s): 1713, 2303

    Keywords:

    competence of tribunal; general decision; icsc decision; un common system;

    Consideration 40

    Extract:

    [T]he purpose for which the whole scheme of post adjustments was established, namely to give effect to the Noblemaire principle [...], is not to create economies by reducing salary costs even if, in relation to any particular duty station, that is a consequence of the operation of the scheme for the purpose for which it was established.

    Keywords:

    noblemaire principle; post adjustment; salary; un common system;



  • Judgment 4134


    128th Session, 2019
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the decision to apply to their salaries the post adjustment multiplier determined by the ICSC on the basis of its 2016 cost-of-living survey for Geneva, with the result that their salaries were reduced.

    Consideration 8

    Extract:

    Some principles in the case law of the Tribunal should be noted [...]. The first is, as observed in Judgment 1266, consideration 24, that:
    ď[...] by incorporating the standards of the common system in its own rules the [organization] has assumed responsibility towards its staff for any unlawful elements that those standards may contain or entail. Insofar as such standards are found to be flawed they may not be imposed on the staff and [the organization] 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.Ē

    Reference(s)

    ILOAT Judgment(s): 1266

    Keywords:

    general decision; receivability of the complaint; un common system;

    Consideration 29

    Extract:

    The Tribunalís mandate deriving from its Statute is, fundamentally, to resolve individual disputes between an organization and one or a number of members or former members of its staff. Over the life of the Tribunal a matrix of legal principles has been developed and applied by the Tribunal to ensure just and principled outcomes both from the perspective of members of staff and also the perspective of organizations as employers. In its judgments the Tribunal has recognised and accepted the existence of the United Nations common system and respected its objectives. However, the existence of the United Nations common system and a desire to maintain its integrity should not, in itself, compromise the Tribunalís adjudication of individual disputes in any particular case or series of cases involving the application of its principles. Indeed, in Judgment 2303, consideration 7, the Tribunal acknowledged the argument of the organization that considerable inconvenience arose from an earlier judgment (Judgment 1713) and it was virtually impossible for the organization to depart from the scale recommended by the ICSC. The Tribunal has to recognise that an organizationís legal obligations arising from the operation of the common system could have legal ramifications for an organization that inform or even determine the resolution of any particular dispute. However notwithstanding these matters, the Tribunal must uphold a plea from a staff member or members if it is established that the organization has acted unlawfully.

    Reference(s)

    ILOAT Judgment(s): 1713, 2303

    Keywords:

    competence of tribunal; general decision; icsc decision; un common system;

    Consideration 41

    Extract:

    [T]he purpose for which the whole scheme of post adjustments was established, namely to give effect to the Noblemaire principle discussed earlier[,] is not to create economies by reducing salary costs even if, in relation to any particular duty station, that is a consequence of the operation of the scheme for the purpose for which it was established.

    Keywords:

    noblemaire principle; post adjustment; salary; un common system;


 
Last updated: 31.07.2020 ^ top