Judgment No. 1370
Decision
1. THE COMPLAINT IS DISMISSED INSOFAR AS IT SEEKS THE QUASHING OF THE SECRETARY-GENERAL'S DECISION OF 1 APRIL 1993.
2. THE UNION SHALL PAY THE COMPLAINANT 5,000 SWISS FRANCS IN DAMAGES FOR THE INJURY SET OUT IN CONSIDERATION 14.
3. IT SHALL PAY HIM 8,000 FRENCH FRANCS TOWARDS COSTS.
Consideration 8
Extract:
The complainant pleads that he had been promoted from grade G.7 to P.2 "even though he was drawing the post allowance. It is immaterial whether or not the conditions in which he was granted the allowance met the requirements of Regulation 3.8: suffice it to observe that he acquiesced and amply reaped the benefit for most of the period during which he received the allowance. So the Tribunal cannot allow his plea that he was promoted."
Reference(s)
Organization rules reference: ITU STAFF REGULATION 3.8
Keywords
staff regulations and rules; amendment to the rules; general service category; grade; professional category; promotion; special post allowance; acceptance; condition
Consideration 12
Extract:
The complainant changed categories. "[T]he fall in the complainant's earnings is due to factors which are beyond the Union's control inasmuch as they derive from the [United Nations] common system. The ITU was under no duty to reverse a decision which the complainant had consented to and which, until 1991 at any rate, was to his financial advantage."
Keywords
decision; lack of injury; amount; organisation's duties; coordinated organisations; salary; acceptance; cause; difference
Consideration 14
Extract:
"Judgment 1317 [...] brought out the need for a properly functioning internal appeal procedure, of which the Appeal Board is an essential part. In this case the Board took far too long to report and failed to perform its function properly. Although in the circumstances the shortcomings of the appeal procedure may not be deemed to constitute bad faith, the ITU was negligent and caused the complainant injury. On that account it must afford him redress."
Reference(s)
Jugement(s) TAOIT: 1317
Keywords
procedure before the tribunal; injury; moral injury; internal appeals body; internal appeal; report; delay; case law; good faith; negligence; organisation's duties; staff member's interest; flaw; compensation
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