Judgment No. 3605

• Organization: United Nations Industrial Development Organization (UNIDO)
• Date: 03.02.2016
• Original: English
• Judges: Barbagallo, Moore, Rawlins
• Full judgment text - Full judgment text (french)

Decision

1. UNIDO shall pay the complainant DSA for the period from 15 October to 6 November 2009 (if not already paid) within 14 days of the public delivery of this judgment.
2. All other claims are dismissed.

Summary

The complainant challenges the decision to reassign him retroactively to UNIDO Headquarters in Vienna and to recalculate his salary and allowances accordingly, leading to a deduction from his remuneration.

Judgment keywords

Keywords

complaint allowed; salary; deduction; reassignment

Consideration 15

Extract:

That PSM/HRM was acting on behalf of the Director-General with his authority in making decisions about the reassignment of the complainant to Vienna, is confirmed by the terms of the review decision of 19 December 2011 in which the Director of PSM/HRM, in maintaining the decision of 5 September 2011, said that the complainant was being informed of the review decision “on behalf of the Director-General”. Formulations to this effect have been treated by the Tribunal as sufficient evidence of delegation of power (see, for example, Judgment 1577, consideration 3), particularly when taken together with the presumption of regularity (see Judgment 2915, considerations 14 and 24).

Reference(s)

ILOAT Judgment(s): 1577, 2915

Keywords

delegated authority