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Noblemaire principle (200,-666)
You searched for:
Keywords: Noblemaire principle
Total judgments found: 22
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Judgment 4842
138th Session, 2024
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the application to her salary of the new salary scale for 2018.
Considerations 13-14
Extract:
The Tribunal recalls its Judgments 831, consideration 1, and 825, consideration 1, in which it held that the Noblemaire principle, when fully applicable, embodies two rules: “[o]ne is that, to keep the international civil service as one, its employees shall get equal pay for work of equal value, whatever their nationality or the salaries earned in their own country. The other rule is that in recruiting staff from their full membership international organisations shall offer pay that will draw and keep citizens of countries where salaries are highest.”
While considering that the Noblemaire principle is not applicable as such to an international organization that is not part of the United Nations common system (see, more recently, Judgment 3921, consideration 12), the Tribunal has recognized the existence of a principle of international civil service according to which the staff of international organizations have the right to receive, in the interest of the international civil service itself, a level of remuneration equal to that in countries where, for comparable qualifications, the salaries are the highest (see Judgments 1912, consideration 18, and 1913, consideration 14). However, it is only in the event of an impairment of this guarantee that a challenge could justifiably be made. The complainant has given the Tribunal no indication that the salary scale, as fixed for the year 2018, has had the effect of keeping salaries, without proper reasons, at a level that would be manifestly inadequate.
Reference(s)
ILOAT Judgment(s): 825, 831, 1912, 1913, 3921
Keywords:
noblemaire principle;
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 11
Extract:
The salaries are essentially composed of two parts. One amount is the net salary, or base or floor salary as it is described in the United Nations common system, embodied in a prescribed salary scale. The other amount is the post adjustment established for each duty station arising from the application of Regulation 3.8 of WIPO’s Staff Regulations and Rules. That provision operates to adjust the salaries to reflect the post adjustment classification established for the duty station by the ICSC. The post adjustment is determined by multiplying 1 per cent of the net salary by a multiplier, the PAM. The PAI informs the amount of the PAM together with other elements including exchange rates. This process underpins a significant element of the Noblemaire principle applicable to the salaries of international civil servants, namely that “the pay of international civil servants [should be] equivalent by making its real value, or purchasing power, as uniform as possible from one duty station to another” (see Judgment 825, consideration 4).
Reference(s)
Organization rules reference: Regulation 3.8 of WIPO’s Staff Regulations and Rules
ILOAT Judgment(s): 825
Keywords:
noblemaire principle; post adjustment; salary;
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 10
Extract:
The salaries are essentially composed of two parts. One amount is the net salary, or base or floor salary as it is described in the United Nations common system, embodied in a prescribed salary scale. The other amount is the post adjustment established for each duty station arising from the application of Regulation 3.5 of the ITU’s Staff Regulations and Staff Rules. That provision operates to adjust the salaries for cost-of-living variations at different duty stations. The post adjustment is determined by multiplying 1 per cent of the net salary by a multiplier, the PAM. The PAI informs the amount of the PAM together with other elements including exchange rates. This process underpins a significant element of the Noblemaire principle applicable to the salaries of international civil servants, namely that “the pay of international civil servants [should be] equivalent by making its real value, or purchasing power, as uniform as possible from one duty station to another” (see Judgment 825, consideration 4).
Reference(s)
Organization rules reference: Regulation 3.5 of the ITU’s Staff Regulations and Staff Rules
ILOAT Judgment(s): 825
Keywords:
noblemaire principle; post adjustment; salary;
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 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 10
Extract:
The salaries are essentially composed of two parts. One amount is the net salary, or base or floor salary as it is described in the United Nations common system, embodied in a prescribed salary scale. The other amount is the post adjustment established for each duty station arising from the application of Regulation 3.1 of IOM’s Unified Staff Regulations and Rules. That provision operates to adjust the salaries by the application of the relevant post adjustments by the ICSC. The post adjustment is determined by multiplying 1 per cent of the net salary by a multiplier, the PAM. The PAI informs the amount of the PAM together with other elements including exchange rates. This process underpins a significant element of the Noblemaire principle applicable to the salaries of international civil servants, namely that “the pay of international civil servants [should be] equivalent by making its real value, or purchasing power, as uniform as possible from one duty station to another” (see Judgment 825, consideration 4).
Reference(s)
Organization rules reference: Regulation 3.1 of IOM’s Unified Staff Regulations and Rules
ILOAT Judgment(s): 825
Keywords:
noblemaire principle; post adjustment; salary;
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 13
Extract:
The salaries are essentially composed of two parts. One amount is the net salary, or base or floor salary as it is described in the United Nations common system, embodied in a prescribed salary scale. The other amount is the post adjustment established for each duty station arising from the application of Rule 335 of WHO’s Staff Regulations and Staff Rules. That provision operates to adjust the salaries for cost-of-living variations at different duty stations. The post adjustment is determined by multiplying 1 per cent of the net salary by a multiplier, the PAM. The PAI informs the amount of the PAM together with other elements including exchange rates. This process underpins a significant element of the Noblemaire principle applicable to the salaries of international civil servants, namely that “the pay of international civil servants [should be] equivalent by making its real value, or purchasing power, as uniform as possible from one duty station to another” (see Judgment 825, consideration 4).
Reference(s)
Organization rules reference: Rule 335 of WHO’s Staff Regulations and Staff Rules
ILOAT Judgment(s): 825
Keywords:
noblemaire principle; post adjustment; salary;
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 11
Extract:
The salaries are essentially composed of two parts. One amount is the net salary, or base or floor salary as it is described in the United Nations common system, embodied in a prescribed salary scale. The other amount is the post adjustment established for each duty station arising from the application of Article 3.9 of the ILO’s Staff Regulations. That provision operates to adjust the salaries for cost-of-living variations at different duty stations. The post adjustment is determined by multiplying 1 per cent of the net salary by a multiplier, the PAM. The PAI informs the amount of the PAM together with other elements including exchange rates. This process underpins a significant element of the Noblemaire principle applicable to the salaries of international civil servants, namely that “the pay of international civil servants [should be] equivalent by making its real value, or purchasing power, as uniform as possible from one duty station to another” (see Judgment 825, consideration 4).
Reference(s)
Organization rules reference: Article 3.9 of the ILO’s Staff Regulations
ILOAT Judgment(s): 825
Keywords:
noblemaire principle; post adjustment; salary;
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;
Judgment 4057
127th Session, 2019
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to reduce her pension on the basis of a reduction of the consumer price index.
Consideration 5
Extract:
The Tribunal has, in its case law, spoken of pensions being “deferred pay” and stated that because “pensions are subject to the same basic rules as pay, a method establishing the terms of adjusting the pensions paid to the retirees of an organisation is to be considered as being governed by the same requirements” (see Judgment 2793, consideration 20). This was a reference to the need that any methodology adopted to determine staff members’ salary adjustments must result in stable, foreseeable and clearly understood results. [...] The principles governing the adjustments to salary also include the Noblemaire principle which, additionally, applies to pension benefits (see Judgment 986, consideration 7).
Reference(s)
ILOAT Judgment(s): 986, 2793
Keywords:
noblemaire principle; pension; pension adjustment system; pension entitlements; salary;
Judgment 3921
125th Session, 2018
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges modifications to the grading and salary structure.
Judgment keywords
Keywords:
complaint dismissed; noblemaire principle; salary; scale;
Consideration 12
Extract:
The Tribunal discussed the essential elements of the Noblemaire principle in Judgment 825, consideration 1. The Tribunal there observed that the Noblemaire principle, which dates back to the days of the League of Nations and which the system of the United Nations took over, embodies two rules. One is that, to keep the international civil service as one, its employees shall get equal pay for work of equal value, whatever their nationality or the salaries earned in their own country. The other rule is that in recruiting staff from all Member States, international organisations shall offer pay that will draw and keep citizens of countries where salaries are highest. However it is a principle that generally has been applied to organisations which participate in the United Nations common system. That it should be applied to those organisations is not controversial. The issue that ordinarily arises in proceedings in the Tribunal is whether it has been applied correctly. However, the Global Fund is not part of the United Nations common system. Indeed in its surrejoinder, the Global Fund points to the normative legal documents that establish the basis on which it determines and maintains grading and salary structures. Those provisions appear to be unexceptionable. It cannot be assumed, as the complainant seems to suggest, that the Noblemaire principle should be grafted on to those legal arrangements notwithstanding that the Global Fund is not part of the common system. The Tribunal rejects the suggestion it should be.
Reference(s)
ILOAT Judgment(s): 825
Keywords:
noblemaire principle;
Judgment 3360
118th Session, 2014
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal dismissed the complaints seeking a review of the decision to apply to the complainants’ salaries the post adjustment calculated on the basis of the ICSC 2010 cost-of-living survey for Vienna.
Judgment keywords
Keywords:
complaint dismissed; cost-of-living increase; noblemaire principle; post adjustment; salary;
Judgment 2420
98th Session, 2005
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"The complainants' second plea is that the methodology applied by the General Assembly [to review salary levels] does not satisfy the requirements of stability, foreseeability and transparency established by the case law. [...] Given that the application of that methodology can yield results as different as those obtained, on the one hand, by the ICSC, and on the other, by the Fifth Committee and subsequently the General Assembly, one may legitimately query its foreseeability. However, it must be borne in mind that a methodology cannot be applied without a degree of flexibility and without leaving some room for interpretation by the competent authority, which was entitled to take into account the imbalances generated by past applications of the adopted methodology in order to try to attenuate the effects thereof and properly to implement the Noblemaire principle."
Keywords:
adjustment; case law; icsc decision; interpretation; noblemaire principle; organisation's duties; rate; recommendation; salary; scale;
Judgment 1912
88th Session, 2000
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
The Tribunal recalls "the recognised right of the staff of international organisations to receive - in the interest of international civil service itself - a level of remuneration equal to that in countries where, for comparable qualifications, the salaries are the highest."
Keywords:
general principle; noblemaire principle; official; salary; terms of appointment;
Judgment 1791
86th Session, 1999
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 15-16
Extract:
"The complainants contend that [...] the impugned decision was in breach of [...] their right to a steady level of pay. [...] [T]hey maintain that [...] the Organization acted in breach of the general principle of the international civil service known as Noblemaire. The Tribunal is satisfied that there was no breach here of any principle of the international civil service. [...] [T]he measure the complainants are objecting to was exceptional and limited in time. As for their right to a steady level of pay, that measure neither changed the pay scales nor had any impact whatever on terms of employment in the long term. The conclusion is that there was no breach of acquired rights."
Keywords:
acquired right; amendment to the rules; breach; exception; international civil service principles; noblemaire principle; official; provisional decision; reduction of salary; right; salary; scale; terms of appointment;
Judgment 1199
73rd Session, 1992
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainants plead breach of their acquired rights concerning pay. "In this case the changes were made because of shifts in economic trends and tax rules in the United States [...] The competent authorities [...] decided in the exercise of their discretion to keep the link with the civil service of the member State - the United States - that is customarily the 'comparator' in determining pay in the international civil service. Their solution is not intrinsically unlawful."
Reference(s)
ILOAT Judgment(s): 832
Keywords:
acquired right; amendment to the rules; discretion; domestic law; general principle; noblemaire principle; reckoning; salary; scale;
Consideration 8
Extract:
The complainants contend "that the arrangement for adjustment ought to have reflected average economic trends in more than just one country. That is to question the whole basis of the pensions scheme. The United States federal civil service was the 'comparator' for determining the pay and pensions in the United Nations common system. It was therefore only reasonable to take economic trends in the United States alone into account. So it was not just a matter of policy: the ILO's decision was a logical application of the prescribed approach."
Reference(s)
ILOAT Judgment(s): 832
Keywords:
adjustment; coordinated organisations; domestic law; general principle; noblemaire principle; pension; reckoning; salary; scale;
Judgment 986
67th Session, 1989
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The Noblemaire principle, as defined by the Tribunal in Judgment 825, is a custom binding on any organisation that belongs to the United Nations system.
Reference(s)
ILOAT Judgment(s): 825
Keywords:
definition; international civil service principles; noblemaire principle;
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 831
62nd Session, 1987
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The Noblemaire principle [...] embodies two rules. One is that, to keep the international civil service as one, its employees shall get equal pay for work of equal value, whatever their nationality or the salaries earned in their own country. The other rule is that in recruiting staff from their full membership international organisations shall offer pay that will draw and keep citizens of countries where salaries are highest."
Keywords:
definition; noblemaire principle;
Judgment 830
62nd Session, 1987
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
See Judgment 831, consideration 1.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
definition; noblemaire principle;
Judgment 829
62nd Session, 1987
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Vide Judgment 831, consideration 1
Reference(s)
ILOAT Judgment(s): 831
Keywords:
definition; noblemaire principle;
Judgment 828
62nd Session, 1987
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
See Judgment 831, consideration 1.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
definition; noblemaire principle;
Judgment 827
62nd Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
See Judgment 831, consideration 1.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
definition; noblemaire principle;
Judgment 826
62nd Session, 1987
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
See Judgment 831, consideration 1.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
definition; noblemaire principle;
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