Judgment 606
52nd Session, 1984
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"There are no rigid rules for determining whether a post properly belongs to the professional or the general service categories. It depends upon the presence or absence of factors which only the expert, or at least the knowledgeable knows how to weigh. It is a question to be decided by experience rather than by rule. Those who conduct the desk audit have the necessary experience. The final decision falls within the discretion of the Director-General".
Keywords:
criteria; discretion; general service category; post classification; professional category;
Judgment 498
48th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The Tribunal will [...] observe that the principle of equality is applicable only between officials in the same circumstances". In the instant case an official in the professional category wished to benefit from provisions concerning the grant of a family allowance applicable only to the general service category.
Keywords:
allowance; equal treatment; family allowance; general service category; professional category; salary;
Consideration 1
Extract:
"G staff are recruited largely [in the headquarters country or nearby]. It is therefore only right that as an incentive to recruitment their pay, including family allowances, should be in line with pay scales in [the headquarters country]. Officials in other categories, however, may come from and be required to serve anywhere in the world. For them [...] the [organisation] takes as its standard of comparison the best-paid national civil service." The allegation of unlawful discrimination fails.
Keywords:
criteria; equal treatment; general service category; noblemaire principle; professional category; salary; scale;
Judgment 486
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4 and 8
Extract:
The complainant was promoted from GS to P. This change was not an appointment. Under the stated policy of the organization such a promotion justified a review of the place of residence. But such a statement of practice "must not conflict with the rule which it is elaborating". The applicable provision stipulates that the place determined at the time of appointment should be recognised throughout the service. "This forbids the change of residence which the complainant is asking the Tribunal to order."
Keywords:
amendment to the rules; contract; enforcement; general service category; local status; practice; professional category; promotion; provision; residence; staff regulations and rules;
Consideration 6
Extract:
The complainant moved from grade GS.8 to P.2. "The Tribunal doubts whether the change was an appointment of any sort; the complainant remained in the same post which was reclassified into a higher grade. But anyway appointment is a word whose meaning depends upon the context. It can be used to mean an appointment to the staff of [the organization] or an appointment to a post on the staff. [Here] it is clearly being used in the former sense, as an appointment to the service. [...] It is not and cannot be contended that in January 1979 the complainant concluded one period of service and without changing his post embarked upon another. This solution must be rejected."
Keywords:
appointment; consequence; general service category; post classification; professional category; promotion;
Considerations 7-8
Extract:
It is organization policy to treat a promotion from GS grades to P category as justifying a review of the place of residence. "There is ample evidence that this was the stated policy, though [...] there is no evidence in the dossier of the policy being put into practice. [...] The question is therefore whether it is within the competence of the Tribunal to enforce a rule of policy or practice." A statement by the Director-General explaining a practice which he intends to follow can under certain circumstances create a contractual obligation arising out of the relationship created by the appointment. The Tribunal is competent to hear the complaint.
Keywords:
amendment to the rules; binding character; competence of tribunal; contract; general service category; practice; professional category; promotion;
Consideration 4
Extract:
"It is to be noted that the change in the complainant's situation affected [statutory] entitlements [...] these are expatriate entitlements designed for recruits from abroad who will wish to maintain their contacts with the home country, the most important being grants for home leave and education. They are more freely available to officials in the P grades than to those in the GS."
Keywords:
allowance; consequence; education expenses; general service category; home leave; professional category; promotion; right;
Judgment 257
34th Session, 1975
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The two categories have separate salary scales and are subject to different systems of calculation for variations and adjustments to meet cost of living increases and so forth. The problems stem from the fact that there is no inter-relationship between the two systems with the consequence that, unless special provision is made, promotion could leave the staff member promoted financially worse off."
Keywords:
adjustment; consequence; difference; general service category; professional category; promotion; salary; scale;
Considerations 4-5
Extract:
"After the complainant's promotion the changes which occurred in salary scales and adjustments in the general service category were more beneficial to the staff than those which occurred in the professional category. [...] The consequence is that her annual pension is now [...] less than it would have been if she had not accepted promotion." The complainant ought not to have to suffer from her promotion.
Keywords:
amendment to the rules; consequence; general service category; pension; professional category; promotion; reduction of salary; salary; scale;
Judgment 233
32nd Session, 1974
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Tribunal holds that transfers from the general services category to the professional category constitute a "promotion". Such promotions are provided for by the Regulations and are actually made. "[S]ince they are not governed by any special rule, [the general] rule [on promotions] must apply."
Keywords:
enforcement; general service category; no provision; professional category; promotion; provision; staff regulations and rules;
