Salary (329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 677,-666)
You searched for:
Keywords: Salary
Total judgments found: 233
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Judgment 366
41st Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"[E]ven if a staff member gets no salary increase on promotion his position is not necessarily just as before. Not only may he be given work which will give him greater satisfaction but he will be better placed for further promotion which does bring a salary increase."
Keywords:
consequence; increase; promotion; salary;
Judgment 365
41st Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"As to the method of salary adjustment, the complainants do not have an acquired right to application of the methods practised [...]."
Keywords:
acquired right; adjustment; reckoning; salary;
Consideration 9
Extract:
Vide Judgment 366, consideration 9.
Reference(s)
ILOAT Judgment(s): 366
Keywords:
consequence; increase; promotion; salary;
Judgment 323
39th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Bearing in mind that the salary scales are established in consultation and on the basis of [certain] guiding principles, it is [the Director-General's] duty in making revisions to have regard to the guiding principles. Subject to this, his power to fix salary scales under [the applicable provision] is a discretionary one."
Keywords:
amendment to the rules; discretion; organisation's duties; salary; scale;
Consideration 34
Extract:
"[W]hen the organization has calculated a payment of salary and announced it, the officials entitled to it acquire a right which the organization has no power to destroy."
Keywords:
acquired right; amount; salary;
Consideration 22
Extract:
It is not the case that "a decision of the Council which, when executed, will inevitably have an effect upon an official's rights, ipso facto alters those rights from the moment it is made and before it is executed. [I]t is the Director-General, not the Council, who vis-a-vis the official fixes his salary; this is so, whether or not in fixing the salary the Director-General is required to conform with decisions of the Council."
Keywords:
competence; decision; decision-maker; enforcement; executive head; general decision; legislative body; salary;
Consideration 20
Extract:
Under the applicable provision, the Director-General is required "to fix [general service] salary scales on the basis of the best prevailing conditions. This is an obligation of a very general character and the Director-General has a very wide discretion as to how he will carry it out."
Keywords:
discretion; flemming principle; general service category; organisation's duties; salary; scale;
Consideration 29
Extract:
"[T]he comparison of wage rates, especially when they include fringe benefits, is a difficult task, which may often involve delicate choice between several solutions of almost equal merit. [...] The text to be interpreted is a set of principles and not of precise requirements. Where it is alleged that the Director-General has made an error of law in their interpretation, the Tribunal will consider the text broadly and will be careful not to put the Director-General's discretion into a legal straitjacket."
Keywords:
discretion; fringe benefits; interpretation; judicial review; rate; salary;
Consideration 28
Extract:
According to the organization, the modification of the salary schedule was decided by a legislative enactment of the Council. If this is true, "it means that there is no control whatever over the dealings of an executive body such as the Council with the staff of the organization [...]. Since the Director-General in his dealings with the staff is subject to the control of the Council, it means that an official's contract gives him no rights which the Council cannot nullify and in particular that he is paid his salary ex gratia and not as a matter of contract. In the opinion of the Tribunal this is not the law."
Keywords:
amendment to the rules; contract; enforcement; legislative body; right; salary; scale;
Consideration 25
Extract:
According to the organization "the decision impugned was taken by one of the governing bodies of the FAO in the exercise of its constitutional powers and represented a legislative enactment. [T]he term 'governing body' is not a term used in the constitution of the FAO and there is no definition of what it means." The Council is the executive organ of the Conference, which is the organization's supreme body. The Constitution gives the Council such powers as the Conference may delegate to it. "There is no assertion in the organization's reply of the delegation of any power that would justify the Council in depriving any official of any part of the salary to which under the Regulations he or she is entitled."
Keywords:
competence; decision-maker; executive body; reduction of salary; salary;
Summary
Extract:
Under the "Guiding principles for the determination or revision of conditions of service of staff in the general service category" the reckoning of interim adjustments is straightforward. Whenever the local wage index goes up by 5 per cent an official's salary should also go up by 5 per cent. The complainant had her increase lowered to 1 per cent. The Tribunal finds no evidence in the file that the progressive increase in Italian income tax or that fringe benefits were behind the reduction. It holds that the reduction was either arbitrary or designed to serve some purpose of which it is ignorant.
Keywords:
adjustment; fringe benefits; general service category; reduction of salary; salary; scale;
Judgment 315
39th Session, 1977
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The clauses [of the letter of appointment] are clearly worded and formally establish that the salary stated in the contract was exclusive of any allowance, indemnity or additional sum of any kind. Hence the complainant may not claim a 'separation allowance' since none was provided for in his contract. In any case no such allowance existed at the time the contract was concluded."
Keywords:
allowance; complainant; contract; interpretation; right; salary;
Judgment 314
39th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"According to a principle of international public service, salary is generally payable only for services rendered, and so the [organisation] was right to refuse to pay a staff member who went on strike for the period in which he did not work."
Keywords:
deduction; entitlement for service rendered; international civil service principles; right to strike; salary; strike;
Considerations
Extract:
The interveners "have an interest in the quashing of the impugned decision [concerning the with holding of salary for strike action] and their applications are therefore receivable."
Keywords:
deduction; intervention; receivability of the complaint; right to strike; salary; strike;
Judgment 307
38th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"[T]here is a clear distinction between a contract to appoint and the appointment itself, and it is normal to have an interval between the two so as to allow for the preparation of the formal documents. The payment of salary and the start of the official's duties, including the duty to travel to his place of work, would naturally be contemporaneous and begin on a date to be fixed by the letter of appointment."
Keywords:
appointment; contract; date; payment; salary; time limit;
Judgment 294
38th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
At issue is a new salary schedule with additional steps in the complainant's grade. "The Director-General was right in thinking that the rule could not be interpreted in a way that would equalise the effect of the change. Where he was wrong was in thinking that he had neither the power nor the duty to equalise the effect of the change by some other means consistent with the principle that the object of the salary scale is to reward length of service and experience. [...] The change [...] required some transitional provision to cover exceptional cases and it was the duty of the Director-General to make such provision."
Keywords:
amendment to the rules; enforcement; equal treatment; grade; increment; right; salary; scale; seniority; top step;
Consideration 6
Extract:
"it is unnecessary to determine whether the council's decision automatically amended the rule to which the old salary schedule was attached... it is not to be expected that the council would itself consider and provide in detail for all the implications of the change. the council's function in relation to the staff is to settle or approve fundamental conditions of service and basic rights, duties and obligations..."
Keywords:
amendment to the rules; competence; decision; executive body; salary; scale; staff regulations and rules; terms of appointment;
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 7
Extract:
"It is of course inevitable that, if a salary scale has a maximum figure, there can be no further reward for length of service after the maximum has been reached. Whether this is fair or not [...], it is the same for all."
Keywords:
enforcement; salary; scale; seniority; top step;
Judgment 292
38th Session, 1977
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
"A change in the conditions of remuneration is not an ordinary administrative matter; it is something which the Director-General is expected to consider and decide himself. In the absence of [words to that effect] it is not therefore to be supposed that the power to amend [rules] is one which the Director-General can delegate. [The relevant article] specifies that in individual cases the application of the Staff Regulations may be delegated, but there is no similar provision in respect of the making of general rules."
Keywords:
amendment to the rules; competence; decision-maker; delegated authority; executive head; no provision; salary; staff regulations and rules;
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 277
37th Session, 1976
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The statement merely says that the Council has adopted a series of proposals the purpose of which is to bring the salary scales and related benefits in line with those applicable in the European Communities. "That is a mere statement of intent which did not imply any firm undertaking by the Institute and which consequently did not create rights upon which the staff may rely. Hence the complainant cannot rely upon that statement to support his claim to entitlement under the provisions applicable to the staff of the European Communities."
Keywords:
binding character; enforcement; executive body; law of european communities; pension; proposal; right; rule of another organisation; salary; statement of intent;
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 251
34th Session, 1975
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Although the complainant regularly received his salary increments his work was not always fully satisfactory, as appears from the dossier and is suggested by the failure of his many applications. On the other hand, the successful candidate had been trained for the vacant post and had proved himself fully fit for it. In the circumstances, even though the decision may be open to question, the Director-General did not draw any clearly false conclusions from the dossier."
Keywords:
appointment; candidate; increment; other; qualifications; salary; unsatisfactory service; vacancy;
Judgment 233
32nd Session, 1974
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The purpose of PAHO Staff Rule 220.2 on promotions is to increment salaries. "Thus the fixing of the step must be construed as only the means by which the true object of the rule is to be secured. The means are the servant of the end not its master; the failure of the means prescribed cannot be allowed to defeat the object; the object must be achieved in some other appropriate way."
Reference(s)
Organization rules reference: PAHO STAFF RULE 220.2
Keywords:
criteria; increase; interpretation; promotion; provision; purpose; salary;
Considerations
Extract:
The purpose of the applicable provision is to ensure that on promotion to a higher grade the staff member receives an increase in salary of a certain amount. "The minimum is fixed as the amount he or she would have received if the promotion, instead of being to a higher grade, had been to the next highest step in the old grade. The language of the rule assumes that there will be a step in the new grade which will carry with it a salary high enough for this purpose."
Keywords:
consequence; grade; increase; promotion; right; salary; step;
Judgment 220
31st Session, 1973
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The material provision conferred a right on staff members which could only be withdrawn when circumstances, such as changes in the exchange regulations, require. The regulations introduced by the French government forced the organisation to obtain a supply of financial francs, which it could do without great difficulty. In refusing to allow officials of French nationality the benefit of the former provision, the Director-General misconstrued the meaning and scope of the provision and violated the principle of equal treatment. The decisions impugned shall be set aside.
Keywords:
equal treatment; nationality; organisation's duties; salary;
Considerations
Extract:
Under certain conditions, officials may have a portion of their remuneration transferred. The exchange regulations lie within the discretion of the Director-General. The competence of the Tribunal to review "the legality of the decisions taken by the Director-General within his discretionary powers is restricted".
Keywords:
discretion; exchange rate; judicial review; salary;
Judgment 209
30th Session, 1973
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant contends that the payment of his salary in United States dollars and not in Swiss francs was in violation of his terms of appointment. He has no such acquired right. Besides, he had accepted payment in United States dollars for twelve years without protest. The decisions taken by the authorities concerning these payments are not open to discussion in view of a settlement. The Secretary-General was in no way required to reverse those decisions following the devaluation of the dollar and the Tribunal will not interfere with them.
Keywords:
acquired right; amendment to the rules; competence of tribunal; currency of payment; exchange rate; salary; terms of appointment;
Judgment 190
28th Session, 1972
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[T]he offer made to the complainant by the organization of a new contract involving appointment to a P.4 post [...] at a salary substantially equivalent to his previous salary did not imply any demotion, entailing as it did the conclusion of a new contract. To avoid incurring the injury for which he has claimed compensation, the complainant could have accepted that offer, which in the circumstances of the case appeared to be a reasonable one."
Keywords:
amendment to the rules; complainant; contract; downgrading; fixed-term; grade; non-renewal of contract; offer; refusal; salary;
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 162
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The Regional Director "was [...] entitled to suspend the complainant and to with hold payment of his salary for the duration of his suspension. The charge that he had engaged in traffic in foreign currency for reward constitutes serious misconduct, since any act by which an official takes advantage of his official status for personal profit falls within the definition contained in [the applicable provision]. [...] The misconduct of which the complainant was accused was such as to deprive him of the confidence of his chiefs, so that his continuance in office was liable to be prejudicial to the organization."
Keywords:
disciplinary measure; inquiry; investigation; organisation's interest; salary; serious misconduct; suspension;
Judgment 161
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
Vide Judgment 162, consideration 2.
Reference(s)
ILOAT Judgment(s): 162
Keywords:
disciplinary measure; inquiry; investigation; organisation's interest; salary; serious misconduct; suspension;
Judgment 160
24th Session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Vide Judgment 162, consideration 2.
Reference(s)
ILOAT Judgment(s): 162
Keywords:
disciplinary measure; inquiry; investigation; organisation's interest; salary; serious misconduct; suspension;
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