Judgment 2170
94th Session, 2003
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
The Organisation withheld the complainant's salary increment on the grounds that more time was needed to assess her performance. It claims that the complainant refused to cooperate with evaluations. "If that were the case, it was the job of the administration to deal with the situation and not to act as if the complainant did not exist[...] while there is no doubt that an employee cannot obtain the right to an annual salary increment by deliberately sabotaging the reporting process, it is equally the case that an employer cannot deprive its staff of the increments to which they are entitled by failing to complete the necessary preliminary steps."
Keywords:
failure to answer claim; grounds; increase; increment; increment withheld; official; organisation; organisation's duties; performance report; procedure before the tribunal; refusal; right; salary; time limit; work appraisal;
Consideration 12
Extract:
The Organisation withheld the complainant's salary increment on the grounds that more time was needed to assess her performance. The Tribunal concludes from the relevant provisions that "the requirement that an annual performance report be established prior to the scheduled date of the annual salary increment is a formal one. The salary increment [...] was not preceded by an evaluation [...] it is the Organisation's responsibility to see to it that [an annual performance] report is prepared on time. a staff member's right to an increment cannot be defeated by the organisation's failure to comply with its own rules."
Keywords:
applicable law; binding character; breach; consequence; date; grounds; increase; increment; increment withheld; official; organisation; organisation's duties; performance report; provision; refusal; right; salary; time limit; written rule;
Judgment 1641
83rd Session, 1997
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainants are challenging the methodology laid down for carrying out salary surveys and a decision by WIPO reflected in their pay slips to apply that method. The Tribunal holds that they have a cause of action, which is is to obtain from the Tribunal "a declaration that the rule and the decision they are challenging would still be unlawful even if they had later got the increase that was withheld for the six months prior to the general survey. They would indeed have been slightly better off had they received the increase earlier. They are also entitled to a decision as to whether the rule they are challenging holds good for the future."
Keywords:
adjustment; cause of action; decision; decision quashed; increase; increment withheld; inquiry; investigation; payslip; receivability of the complaint; salary; scale;
Judgment 1163
72nd Session, 1992
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 7 and 9
Extract:
FAO Manual paragraph 308.411 provides for the award of a within-grade salary increment to officials whose service, during a "qualifying period", is satisfactory. The complainant had her annual increment withheld. "Although difficulties were found in the complainant's attitude towards other staff, [her performance reports] do not show such a pattern of conduct as to impair the quality of her work on the assignments she was given. [...] The conclusion is that the conditions in the case law for withholding an increment were not met and that the organization committed a mistake of law in construing and applying 308.411."
Reference(s)
Organization rules reference: FAO MANUAL PARAGRAPH 308.411
ILOAT Judgment(s): 247
Keywords:
accumulation; case law; condition; conduct; enforcement; grounds; increment; increment withheld; interpretation; satisfactory service; staff regulations and rules; step; unsatisfactory service; working relations;
Judgment 1115
71st Session, 1991
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6-7
Extract:
The complainant wants the Tribunal to set aside two reports which describe his work as unsatisfactory as well as decisions to suspend his salary step increase and not to extend his appointment. He alleges bad faith and abuse of authority on the part of the administration. There is conflicting evidence. "A complainant must discharge the burden of proof and satisfy an internal appeal body or the Tribunal that the balance of probability is that his allegations of fact are true. [...] The Tribunal has [...] considered all the evidence, including a transcript of a recording the complainant secretly made of a conversation with his supervisor. It finds that he has not discharged the burden of proving his allegations".
Keywords:
abuse of power; appraisal of evidence; burden of proof; complainant; conduct; contract; evidence; fixed-term; good faith; increment withheld; lack of evidence; misuse of authority; non-renewal of contract; performance report; recording; unsatisfactory service;
Consideration 10
Extract:
"The decision [...] to suspend his advancement in step was based on the unsatisfactory performance reports. It was a sanction which the Director General was entitled to impose, after consulting the Joint Advisory Committee, in the light of those reports and in accordance with Rule 10.1.1(a)(3)."
Reference(s)
Organization rules reference: WIPO STAFF RULE 10.1.1(A)(3)
Keywords:
increment withheld; performance report; unsatisfactory service;
Judgment 1085
70th Session, 1991
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant, Head of Interpol's Accounting Service, had his advancement deferred by six months for failing to reply to his supervisors' requests for information about an discrepancy in the accounts. The Tribunal found the measure warranted as he was guilty of misconduct for failing to comply with his duty under the Staff Regulations and Staff Rules.
Keywords:
disciplinary measure; increment withheld; insubordination; misconduct;
Judgment 869
63rd Session, 1987
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Paragraph 315.323 of the FAO Manual, under which the Director of personnel of the FAO is competent to take decisions to withhold within-grade salary increments, was not complied with, and there is no evidence that the person who took the decision - the Director of external relations and general services for the World Food Programme - had been validly delegated to do so.
Reference(s)
Organization rules reference: PARAGRAPH 315.323 OF THE FAO MANUAL
Keywords:
competence; decision-maker; delegated authority; evidence; increment withheld; lack of evidence;
Judgment 723
58th Session, 1986
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The Director-General's implied endorsement of the performance report, his postponement of the increment and the transfer are all discretionary decisions and, moreover, ones that fall within an area in which the Tribunal will not ordinarily interfere."
Keywords:
discretion; increment withheld; judicial review; performance report; rating; transfer; unsatisfactory service;
Judgment 512
49th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
According to Judgment No. 247, "to bring insubordination within the concept of unsatisfactory service - and to with hold an increment on that account - two conditions must be fulfilled. The positive condition is that it must be established that the insubordination did in the particular case affect the quality of the officer's service. The negative condition is that the insubordination must not in the particular case give rise to a dispute."
Reference(s)
ILOAT Judgment(s): 247
Keywords:
condition; increment withheld; insubordination; unsatisfactory service;
Judgment 294
38th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"[A]n officer whose increment was withheld otherwise than on the grounds of unsatisfactory service would be recognised as having cause for complaint. [...] In fact, the increment is simply a way of rewarding seniority and the accumulated experience that goes with it, and the number of an officer's step is simply a convenient way of describing the salary level to which he has attained.
Keywords:
grounds; increment withheld; purpose; salary; step;
Consideration 1
Extract:
According to the definition in the applicable provision, the increase from one step to the next higher step is given "on the basis of satisfactory service during a qualifying period [...]. This definition must be considered in the light of well-established practice [...]. In practice [...] the qualifying period is virtually a fixed period and an officer whose increment was withheld otherwise than on the grounds of unsatisfactory service would be recognised as having cause for complaint."
Keywords:
condition; definition; grounds; increment; increment withheld; satisfactory service;
Judgment 284
37th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"In such circumstances the principle which the Tribunal applies is that it will not interfere, except upon particular and limited grounds such as prejudice or incorrect appreciation of facts or formal or procedural irregularity, with decisions of the Director-General."
Keywords:
discretion; increment withheld; judicial review; salary; step;
Judgment 247
33rd Session, 1974
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The decision to with hold an increment from an officer is [...] a discretionary decision depending upon an evaluation made by the officer's superiors. The Tribunal will not interfere with such a decision unless it is based, among other things, on an error of law or a clearly mistaken conclusion on the facts."
Keywords:
discretion; increment withheld; judicial review; unsatisfactory service;
Consideration 21
Extract:
The Director General erred in law in treating the complainant's attitude towards an official as unsatisfactory service; he erred in law in concluding that at the material time, this official was the complainant's superior or supervisor; in concluding that the complainant was guilty of insubordination, he drew a clearly mistaken conclusion from the facts. "The decision [...] is quashed; the complainant [shall be] paid the increment due to him [...] with interest thereon at 6 per cent per annum."
Keywords:
amount; conduct; flaw; increment withheld; insubordination; interest on damages; material damages; mistaken conclusion; supervisor; unsatisfactory service; working relations;
Judgment 200
30th Session, 1973
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"It appears from the documents in the dossier that the decision was taken solely on the grounds of the complainant's unsatisfactory service and that it is not tainted with any of the irregularities which enable the Tribunal to interfere with such decisions [...]."
Keywords:
increment withheld; judicial review; unsatisfactory service;
Considerations
Extract:
"[I]t appears from the minutes of the Advisory Board's meeting that, contrary to what the complainant alleges, he was given a hearing by the Board, and that in any case he was able to submit full written and oral observations to the Appeals Board, whose recommendation the Director-General accepted."
Keywords:
advisory body; increment withheld; internal appeals body; judicial review; right to reply; unsatisfactory service;
Judgment 188
28th Session, 1972
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The Director-General's decision to maintain the complainant's performance reports and temporarily to withhold her salary increment lies within his discretion."
Keywords:
discretion; increment withheld; judicial review; rating; unsatisfactory service; work appraisal;
Judgment 183
27th Session, 1971
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"It is not established that the assessments in the performance report of the complainant's attitude to her work were influenced by the fact that she had prolonged absences on sick leave. It was on the basis of these assessments, and not because of the sick leave, which he expressly disregarded, that the Secretary-General took his decision. There are no grounds on which the Tribunal can interfere with it."
Keywords:
bias; increment withheld; salary; sick leave; step; work appraisal;
Judgment 149
23rd Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The appeals body which heard the persons closely concerned with the appeal, found that the increase had been withheld out of personal prejudice. Under the applicable provision, the body was competent "to find the existence of prejudice. the Director-General therefore committed an error of law in stating [...] that he could not endorse the recommendation of the Appeals Committee on this point simply on the ground that the committee was not competent to make such a recommendation."
Keywords:
bias; competence; decision; enforcement; executive head; flaw; grounds; increment withheld; internal appeals body; recommendation; refusal; report; salary; step;
