Scale (366, 367, 368, 369, 370, 371, 372, 373, 374, 375,-666)

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Keywords: Scale
Total judgments found: 59

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• 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.

  Judgment keywords

  Keywords:

  complaint allowed; decision quashed; icsc decision; post adjustment; salary; scale;
  

  
  
  

• 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.

  Judgment keywords

  Keywords:

  complaint allowed; decision quashed; icsc decision; post adjustment; salary; scale;
  

  
  
  

• 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.

  Judgment keywords

  Keywords:

  complaint allowed; decision quashed; icsc decision; post adjustment; salary; scale;
  

  
  
  

• 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.

  Judgment keywords

  Keywords:

  complaint allowed; decision quashed; icsc decision; post adjustment; salary; scale;
  

  
  
  

• 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.

  Judgment keywords

  Keywords:

  complaint allowed; decision quashed; en banc review; icsc decision; plenary judgment; post adjustment; salary; scale;
  

  
  
  

• Judgment 4082

  
  127th Session, 2019
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant contests the salary he receives at his new grade.

  Judgment keywords

  Keywords:

  complaint dismissed; salary; scale; step;
  

  
  
  

• Judgment 4031

  
  126th Session, 2018
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the step level he was placed in upon implementation of a new local salary scale for General Service staff in New Delhi, India.

  Judgment keywords

  Keywords:

  complaint allowed; salary; scale; step;
  

  
  
  

• 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 6

  Extract:

  As to the complainant’s right to maintain these proceedings on behalf of the staff of the Global Fund in his capacity as a member of the Staff Council, there is some support for the proposition he can do so in earlier jurisprudence of the Tribunal (see, for example, Judgment 2919, consideration 5). However that judgment does not reflect the Tribunal’s current case law (see, for example, Judgments 3515, consideration 3, and 3642, considerations 9 to 12 and 14). The adoption of the new arrangements in relation to salary structure and grading system was a general decision requiring implementation for each staff member. That general decision cannot be challenged by an individual staff member even if that individual is a member of the staff committee unless and until the general decision is implemented. That is not to say, it cannot be challenged when implemented by challenging a payslip that reflects its implementation. A recent example concerned a salary freeze where the complainants were able to challenge the general decision by challenging its implementation in a payslip. While the general decision to freeze salaries was not immediately reflected in the payslips (the complainants’ salaries remained the same and the freeze would only operate in the future), the Tribunal was able to conclude, in that case, that the general decision as implemented in the payslips was liable to cause injury because the decision to freeze salaries would necessarily negatively impact on the salaries in due course (see Judgment 3740, consideration 11). Nonetheless, as a matter of general principle, a complainant must, in order to raise a cause of action, allege and demonstrate arguably that the impugned administrative decision caused injury to her or him or was liable to cause injury (see, for example, Judgment 3168, consideration 9).

  Reference(s)

  ILOAT Judgment(s): 2919, 3168, 3515, 3642, 3740
  

  Keywords:

  cause of action; general decision; individual decision; locus standi; scale; staff representative;
  

  
  
  

• Judgment 2649

  
  103rd Session, 2007
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  Acting in his capacity as Chairman of the Staff Committee of the EPO's sub-office in Vienna, the complainant submitted a request to the President of the Office that the "staff salary scales mentioned in the annex to Part 2 of the Codex" be forwarded to all agencies supplying temporary personnel to the Office. The President refused to grant the request submitted to him, denying that temporary workers were entitled to remuneration equal to that of EPO staff and underlining that neither the Service Regulations nor the conditions of employment for contract staff applied to temporary workers. The EPO submits that the complainant does not have locus standi to represent temporary workers supplied to the Office. "It is well settled that members of the Staff Committee may rely on their position as such to ensure observance of the Service Regulations (see Judgments 1147 and 1897); but in order for a complaint submitted to the Tribunal on behalf of a Staff Committee to be receivable, it must allege a breach of guarantees which the Organisation is legally bound to provide to staff who are connected with the Office by an employment contract or who have permanent employee status, this being a sine qua non for the Tribunal's jurisdiction. In the absence of such a connection resting on a contract or deriving from status, the claim that the Office should forward its salary scales to agencies supplying temporary personnel - whose conditions of employment and remuneration are in any event beyond the jurisdiction of the Tribunal - cannot be entertained."

  Reference(s)

  ILOAT Judgment(s): 1147, 1897
  

  Keywords:

  breach; claim; communication to third party; competence of tribunal; complaint; condition; contract; enforcement; equal treatment; executive head; external collaborator; locus standi; no provision; official; organisation's duties; provision; receivability of the complaint; refusal; request by a party; right; safeguard; salary; scale; staff regulations and rules; staff representative; staff union; terms of appointment; vested competence;
  

  
  
  

• Judgment 2610

  
  102nd Session, 2007
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  "While it is highly desirable that staff representatives should be allowed to participate in operations to determine their colleagues' remuneration, this can in no way affect the right of each staff member to avail himself or herself of the means of redress which are open to him or her and which constitute a fundamental safeguard for international civil servants. The ICSC is therefore mistaken in believing that it can rely on the theory of estoppel vis-à-vis the complainants by arguing that staff representatives are supposed to act on behalf of all the members of the personnel and that 'their actions should be considered as legally attributable to each and every one of the staff they represent'."

  Keywords:

  adjustment; general principle; icsc decision; internal appeal; official; receivability of the complaint; right of appeal; safeguard; salary; scale; staff representative;
  

  
  
  

• Judgment 2422

  
  98th Session, 2005
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  "The Staff Association has submitted an amicus curiae brief. The defendant is not opposed to an examination of those submissions by the Tribunal, but it points out that the staff representatives raised no objection to the implementation of the new salary scale at the IAEA when they were consulted on the matter. That of course does not prevent the Staff Association from expressing different views, which the Tribunal agrees to take into consideration for the reasons set forth in Judgment 2420 [...] whilst emphasising that these submissions are not to be regarded as the brief of an intervener."

  Reference(s)

  ILOAT Judgment(s): 2420
  

  Keywords:

  adjustment; amicus curiae; consultation; icsc decision; intervention; rate; salary; scale; staff union;
  

  
  
  

• Judgment 2420

  
  98th Session, 2005
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 11

  Extract:

  "The Tribunal has on numerous occasions ruled on the issue of whether an international organisation is bound to comply with general provisions that would infringe the rights of its staff members. The fact that an international organisation belongs to the common system does not enable it to decline or limit its own responsibility towards the members of its staff or lessen the degree of judicial protection it owes them. Any organisation that introduces elements of the common system into its own rules has a duty to ensure that the texts it thereby imports are lawful (on this issue, see Judgment 1265, which refers to Judgments 382 and 825; for more recent examples concerning the duties of the FAO, see Judgments 1713 and 2303). Whilst the Tribunal fully appreciates the difficulties - emphasised by the defendant - that international organisations are liable to face in departing from the salary scales adopted on the basis of ICSC recommendations, it is nevertheless bound to ensure that international law is observed in the relations between the said organisations and their staff, regardless of the external authority from which the decisions taken emanate. Indeed, the case of an organisation having to revise salary scales resulting from recommendations or decisions affecting the common system, whether or not pursuant to a ruling by the competent tribunal, is not without precedent."

  Reference(s)

  ILOAT Judgment(s): 382, 825, 1265, 1713, 2303
  

  Keywords:

  adjustment; case law; criteria; decision-maker; icsc decision; liability; organisation's duties; recommendation; right; rule of another organisation; salary; scale;
  

  Consideration 16

  Extract:

  "[T]he fact that financial considerations were taken into account does not, in itself, invalidate the decision setting the salary scale, provided that the other reasons justifying the decision are correct. In the present case, the evidence on file shows that the scale ultimately adopted was justified by the desire to reduce the imbalances resulting from the application of the previous decisions penalising staff in the higher categories, to restore the remuneration margins in relation to US federal civil servants to values within the range of 110 to 120 and to move closer to attaining the objective of an overall margin level of 115."

  Keywords:

  adjustment; budgetary reasons; decision; grounds; professional category; rate; salary; scale;
  

  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 2252

  
  95th Session, 2003
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  "If the level of salary adjustments is set by a body external to an international organisation, the latter must ensure that the figures proposed comply with the law".

  Keywords:

  adjustment; coordinated organisations; organisation's duties; salary; scale;
  

  
  
  

• Judgment 2218

  
  95th Session, 2003
  European Organization for Nuclear Research
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  "The Organization argues that the complainant submitted new "conclusions" to the Tribunal, compared to those he had put forward in his internal appeal [...]. In fact, the complainant's pleas, whether in the internal appeal or before the Tribunal, consist in challenging the decision taken regarding his grade and in obtaining a position in the normal salary scale at the level closest to the salary he had been receiving in the previous system. His request to be placed at a graded level within the new scale instead of one altogether outside the scale cannot properly be considered as going beyond the claims he had submitted in the internal appeals proceedings".

  Keywords:

  claim; complainant; complaint; decision; identical claims; iloat; internal appeal; interpretation; new claim; procedure before the tribunal; receivability of the complaint; request by a party; salary; scale;
  

  
  
  

• Judgment 2097

  
  92nd Session, 2002
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 18

  Extract:

  Because of serious financial difficulties the organisation had to employ the complainants simultaneously under a fixed- term appointment at half-time and a short-term part-time appointment. After being restored to their full-time fixed-term status they complained about the rates of remuneration received by them under their short-term contracts. "The principle which guarantees equal remuneration for work of equal value [...] is designed to prevent discrimination by employers between employees and to ensure that persons performing different work of the same or similar value shall receive equal remuneration. The organization is right to submit that its most common application is to the classification or grading of jobs [...]. That principle was never intended to apply so as to give rise to a claim by an individual to be paid at the same rate for all work which he or she performs: differential rates for work performed under different conditions, such as overtime to take a common example, are not discriminatory. In the present case there is nothing improper in the who's paying lower rates to persons such as the complainants doing temporary work on a short-term basis."

  Keywords:

  amount; budgetary reasons; condition; contract; difference; enforcement; equal treatment; fixed-term; general principle; official; organisation; overtime; part-time employment; post classification; safeguard; salary; scale; short-term; status of complainant; terms of appointment;
  

  
  
  

• Judgment 2095

  
  92nd Session, 2002
  Surveillance Authority of the European Free Trade Association
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 13

  Extract:

  "The determination of salary scales is discretionary [and] must be exercised within a framework of rules drawn from both the relevant statutory provisions and the general principles of clarity, stability and foreseeability defined in the case law (see, for example, Judgment 1821)."

  Reference(s)

  ILOAT Judgment(s): 1821
  

  Keywords:

  case law; definition; discretion; general principle; iloat; limits; organisation; salary; scale; staff regulations and rules; written rule;
  

  
  
  

• Judgment 2057

  
  91st Session, 2001
  European Molecular Biology Laboratory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  "As the Tribunal found in Judgment 1682, confirming the precedent in Judgment 1329 [...], a line of argument cannot be entertained that would allow appeals to lie sine die against past decisions in a matter as delicate as the setting and periodic adjustment of staff pay."

  Reference(s)

  ILOAT Judgment(s): 1329, 1682
  

  Keywords:

  adjustment; case law; decision; period; receivability of the complaint; salary; scale;
  

  Consideration 9

  Extract:

  Following Judgments 1682 and 1887, adjustments of the 1995-1996 salary scales have been retroactively raised. The organisation paid the difference in salary but did not adjust the salary scales for the following years (those salary scales had been calculated based on the old 1995-1996 salary scales). The Tribunal states that "the [organisation]'s retroactive reconstitution of the adjustments had the paradoxical effect of limiting the application of the [...] staff's improved salary scales to a single year, and of reducing their salary levels [...] after [...] 1996. The result is an impairment of rights: staff are entitled to expect that any adjustments to their pay will be made on the basis of the salary scales which were established lawfully for the period preceding the adjustment."

  Reference(s)

  ILOAT Judgment(s): 1682, 1887
  

  Keywords:

  accumulation; adjustment; date; effect; increase; official; purport; right; salary; scale;
  

  
  
  

• Judgment 1992

  
  89th Session, 2000
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  "The complainants argue that the organization did not follow the same practice in implementing its new salary scale as that followed by other United Nations agencies in New Delhi [...] Apart from the fact that the complainants have not produced persuasive evidence as to the practice of other agencies (such evidence as there is, in fact, appears to be to the contrary) the practice of other agencies is irrelevant. If the organization has acted properly and in accordance with the applicable Staff Rules, the fact that others who may be governed by different rules may have acted differently, is beside the point."

  Keywords:

  practice; rule of another organisation; salary; scale; staff regulations and rules;
  

  
  
  

• Judgment 1915

  
  88th Session, 2000
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 18-19

  Extract:

  A comparison study of language proficiency between the common system staff and outside employers was attacked by the complainants because the required level of proficiency is higher in the common system. "The Tribunal holds that it is not necessary to achieve a perfect match between outside jobs and those in the common system. There must merely be sufficient similarity between these jobs."

  Keywords:

  adjustment; allowance; flemming principle; knowledge of languages; language allowance; qualifications; salary; scale;
  

  
  
  

• Judgment 1912

  
  88th Session, 2000
  European Molecular Biology Laboratory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 15

  Extract:

  "The methodologies adopted by international organisations for setting and adjusting the remuneration of the staff, in principle, must enable results to be obtained that are stable, foreseeable and clearly understood [...] when the applicable method uses an external index, [...] not with a view to requiring the competent body to conform automatically to the index, but only as a simple orientation', which in itself is not a breach of any rights, the staff can only be protected against arbitrariness if the criteria used in deviating from the suggested orientation of the external index are objective, adequate and known to the staff."

  Reference(s)

  ILOAT Judgment(s): 1821
  

  Keywords:

  adjustment; bias; coordinated organisations; cost-of-living increase; criteria; duty to inform; organisation's duties; rule of another organisation; salary; scale;
  

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