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Keywords: Salary
Total judgments found: 235
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Judgment 1012
68th Session, 1990
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The decision to reduce pay at Eurocontrol was confirmed on 12 November 1987. "Though the pay slips [giving effect to the reduction] are plainly unlawful because the Commission's decision still had to come into effect, they apply only to the period they cover and cannot be treated as giving effect to a decision that had not yet become final. Not a single complainant has challenged an individual decision subsequent to 12 November 1987. The Tribunal is therefore bound, regrettably, to declare the claims irreceivable insofar as they object to future reductions in pay."
Keywords:
application for quashing; effective date; enforcement; general decision; individual decision; payslip; receivability of the complaint; reduction of salary; salary;
Summary
Extract:
On 7 July 1987 Eurocontrol's Permanent Commission decided provisionally to reduce pay by 0.7 per cent with effect from 1 July 1986. The Commission's decision was not confirmed until 12 November 1987. The complainants are challenging the pay slips they got for July, August and September 1987 which indicated a reduction in pay backdated to 1 July 1986. The Tribunal holds that the pay slips, which were issued before the commission's decision entered into force, have no basis in law and must be set aside insofar as they cause the complainants injury.
Keywords:
decision; effective date; legislative body; non-retroactivity; reduction of salary; salary;
Judgment 1011
68th Session, 1990
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
To take account of shifts in currency rates when reckoning the pay of officials who changed categories on promotion, the ITU began to follow United Nations practice by adopting in 1988 the so-called "anniversary calculation" system. The complainant, who was promoted in 1985 from grade G.7 to P.2, is seeking to have her pay so reviewed. On 28 January 1986 she wrote to the chief of personnel objecting to the loss of salary she suffered as a result of promotion. On 26 May 1988 she appealed to the Appeal Board. The Tribunal holds that the memorandum of 28 January 1986 cannot be construed either in form or in substance as a request for review under Rule 11.1.2 but was merely a written claim under Rule 3.17.1. Her appeal of 26 May 1988 was patently out of time and the complaint is therefore irreceivable.
Reference(s)
Organization rules reference: RULES 3.17.1 AND 11.1.1.2 OF THE ITU STAFF REGULATIONS AND STAFF RULES
Keywords:
consequence; formal requirements; general service category; internal appeal; professional category; promotion; receivability of the complaint; reduction of salary; salary; time bar;
Judgment 1001
68th Session, 1990
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"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 (cf. Judgments 382 [...], 622 [...] and 825 [...]). The present complainants may accordingly challenge the lawfulness of the general methodology and of the 1987 survey of Vienna, which, taken together, constitute the basis in law of the decisions under challenge."
Reference(s)
ILOAT Judgment(s): 382, 622, 825
Keywords:
competence of tribunal; decision-maker; general decision; inquiry; investigation; receivability of the complaint; reduction of salary; salary;
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;
Consideration 12
Extract:
See Judgment 1001, consideration 12.
Reference(s)
ILOAT Judgment(s): 382, 622, 825, 1001
Keywords:
competence of tribunal; decision-maker; general decision; inquiry; investigation; receivability of the complaint; reduction of salary; salary;
Judgment 997
68th Session, 1990
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"By virtue of Judgment 996 the complainant is entitled to reinstatement with full arrears of salary and allowances. The benefits he would have been entitled to but for dismissal included home leave for himself and his family [...]. Should [his family] choose to travel at another time the cost of their home leave will be due to him by virtue of Judgment 996."
Reference(s)
ILOAT Judgment(s): 996
Keywords:
allowance; consequence; decision quashed; home leave; refund; reinstatement; right; salary; termination of employment;
Judgment 991
68th Session, 1990
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
To mark its tenth anniversary celebration the European Patent Organisation granted a bonus to each of "all active permanent employees in post on 1 October 1987". As the complainant was then on unpaid leave "on personal grounds" he did not qualify for the benefit. The Tribunal holds that while the organisation is free to award special bonuses and free to decide who will receive them, it must apply objective criteria when doing so and avoid all arbitrary distinctions. In the instant case the restriction was based on objective criteria founded on provisions in the Staff Regulations.
Keywords:
compassionate leave; consequence; judicial review; leave; organisation's duties; payment; salary; special leave;
Consideration 11
Extract:
"The complainant must have known when he applied for leave that he would have 'non-active status' and that that would affect his entitlement to pay and to the other benefits of employment."
Keywords:
career; compassionate leave; consequence; leave; promotion; salary; special leave;
Judgment 986
67th Session, 1989
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"Being neither arbitrator nor mediator, the Tribunal has only a limited power of review [in the area of staff remuneration] and will declare whether the impugned decisions square with general principles, with the Staff Regulations and with the terms of the complainants' appointment."
Keywords:
competence of tribunal; enforcement; general principle; salary; staff regulations and rules; terms of appointment;
Consideration 7
Extract:
"The relations of staff with an international organisation do not end when they leave its employ. The pension scheme forms part of the administrative arrangements they may look forward to and, like pay, pensions are governed by basic rules that are binding on the organisation. Foremost among them is Noblemaire, the purpose of which is not to bestow privilege on international civil servants but to draw some of the best people from every country into the service."
Keywords:
enforcement; international civil service principles; noblemaire principle; pension; salary; separation from service;
Judgment 970
66th Session, 1989
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The complainant [...] contends that each alleged short-payment of salary constitutes in itself a separate breach by the Union of its obligations towards him. But since he has not sought review by the Secretary-General of any of the alleged short-payments, his complaint is again irreceivable".
Keywords:
complaint; continuing breach; decision; internal remedies exhausted; payment; receivability of the complaint; salary;
Judgment 963
66th Session, 1989
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainants received notification in their pay slips of a 0.7 per cent reduction in the refundable amount of education expenses which they had incurred. The organisation contends that the pay slips merely confirmed earlier decisions, viz. a general decision of 7 July 1987. The Tribunal holds that the impugned decisions were individual ones that cause the complainants injury, and not confirmations of earlier decisions.
Keywords:
cause of action; confirmatory decision; decision; deduction; education expenses; general decision; individual decision; payslip; receivability of the complaint; reduction of salary; refund; salary;
Consideration 5
Extract:
The complainants challenge Eurocontrol's decision to reduce the amount of education expenses to be refunded to them insofar as it applied retroactively. Though the Director General's decisions are the only ones the Tribunal may quash and those under challenge did not have retroactive effect, "a staff member may challenge in an individual appeal the lawfulness of any decision of the [Permanent] Commission's that affords the basis in law for a decision by the appointing authority if he believes the latter decision to be at odds - as indeed here the decisions are - with a rule or principle that governs the international civil service."
Keywords:
decision; education expenses; enforcement; executive head; international civil service principles; judicial review; legislative body; non-retroactivity; reduction of salary; refund; salary;
Judgment 936
65th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
"The conclusion is that the Council's approval of the new scales is null and void for two reasons: because no reasons for it are stated, and because it takes into account a factor, the Dutch levy, that the rules in force in the organisation do not provide for."
Keywords:
amendment to the rules; breach; decision; deduction; duty to substantiate decision; executive body; grounds; provision; reduction of salary; salary; scale; staff regulations and rules; written rule;
Consideration 9
Extract:
"Article 64(6) of the Service Regulations reads: 'The remuneration of the permanent employees shall be subject to periodic review and shall be adjusted by the Administrative Council taking account of the recommendations of the Co-ordinating Committee of government budget experts of the co-ordinated organisations'. Though the definition puts the EPO under no specific obligation it does reflect an intention of not letting EPO pay get out of line with the broad trend in national civil services, and that is the rule of thumb followed by the Co-ordinating Committee."
Reference(s)
Organization rules reference: ARTICLE 64(6) OF THE EPO SERVICE REGULATIONS
Keywords:
adjustment; coordinated organisations; interpretation; provision; salary; staff regulations and rules;
Judgment 899
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
In regard to the Dutch levy issue, "since no reasons were given for the impugned decisions there was breach of Article 106(1) of the Service Regulations which requires that the decision 'state the grounds on which it was based'."
Reference(s)
Organization rules reference: ARTICLE 106, PARAGRAPH 1, OF THE EPO SERVICE REGULATIONS
Keywords:
decision; deduction; duty to substantiate decision; grounds; reduction of salary; salary;
Consideration 19
Extract:
"The EPO's replies to the complaints are perfunctory. [The organisation] merely cites the policy of one of the seven chosen countries and the Council's posture without actually addressing the objective criteria applied in reckoning pay and working out the scale.* Not by submissions of that kind may it avoid compliance with the rules in dealings with staff. It is preventing the Tribunal from determining the ambit of the dispute and exercising its power of review."
*the material issue is the impact on EPO salaries of a deduction levied on salaries in the Dutch civil service.
Keywords:
deduction; general decision; organisation's duties; reduction of salary; salary;
Judgment 897
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Following a promotion, the complainant was no longer entitled to a language allowance. In its place she was awarded a compensatory payment after an eighteen month delay. She regards the language allowance as part of her salary and seeks the grant of a further step. As in Judgment 737 the Tribunal dismisses her claims but awards her costs because of the delay in payment of compensation to which she was entitled.
Reference(s)
ILOAT Judgment(s): 737
Keywords:
administrative delay; compensatory allowance; compensatory measure; consequence; costs; discontinuance; language allowance; payment; promotion; reduction of salary; salary;
Judgment 831
62nd Session, 1987
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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 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;
Judgment 829
62nd Session, 1987
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
Vide 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;
Judgment 828
62nd Session, 1987
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 21
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;
Judgment 827
62nd Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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;
Judgment 826
62nd Session, 1987
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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;
Judgment 825
62nd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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;
Judgment 809
61st Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
"Unless leave is granted at his own wish or he is on sick leave - which is just an incident of employment - a paid staff member is entitled to be given work to do that matches his grade."
Keywords:
annual leave; assignment; exception; grade; leave; refusal to assign work; right; salary; sick leave;
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