Judgment No. 4712
Decision
The complaint is dismissed, as is the application to intervene.
Summary
The complainant challenges his transposition into a new job group pursuant to the introduction of a new career system.
Judgment keywords
Keywords
grade; complaint dismissed
Consideration 5
Extract:
The fact that the complainant was transposed in the same grade and step as some staff members who prior to the reform were graded below him cannot be considered a demotion without reason. The reform combined some grades, which resulted in eliminating some distinctions; this does not appear disproportionate nor discriminatory against the complainant, considering that he was given the proper grade and step and that his previous salary was preserved. The Tribunal has consistently held that the principle of equal treatment requires, on the one hand, that officials in identical or similar situations be subject to the same rules and, on the other, that officials in dissimilar situations be governed by different rules defined so as to take account of this dissimilarity. In the present case, firstly, the complainant is not in an identical or similar situation to that of staff members in different former career paths. Secondly, the Organisation took in due consideration the circumstance that, by combination of some previous career grades and by elimination of some previous distinctions, staff members having, prior to the reform, different grades and steps have, after the reform, the same grade and step. The former dissimilarity has been taken into account, as the complainant’s previous salary was preserved. The different rule which was applied to him was appropriate in view of that dissimilarity (see Judgment 4274, consideration 21, for a similar reasoning in a similar situation).
Reference(s)
Jugement(s) TAOIT: 4274
Keywords
equal treatment
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