Ä¢¹½ÊÓÆµ

2011-Ä¢¹½ÊÓÆµAT-107

Ä¢¹½ÊÓÆµAT Held or Ä¢¹½ÊÓÆµDT Pronouncements

Ä¢¹½ÊÓÆµAT considered an appeal by the Secretary-General and a cross-appeal by Ms Chen. Ä¢¹½ÊÓÆµAT held that the principle that everyone, without any discrimination, has the right to equal pay for equal work (Article 23(2) of the Universal Declaration of Human Rights) applies to Ä¢¹½ÊÓÆµ staff. Ä¢¹½ÊÓÆµAT held that budgetary considerations could not trump the requirement of equal treatment. Ä¢¹½ÊÓÆµAT declined to grant the relief sought by Ms Chen in her cross-appeal on the basis that Ä¢¹½ÊÓÆµDT awarded damages from the correct date. Ä¢¹½ÊÓÆµAT held that the Administration¡¯s allegation that Ä¢¹½ÊÓÆµDT usurped the Secretary-General¡¯s discretion was misplaced, noting that there is no discretion to violate the principle of equal pay for equal work. Ä¢¹½ÊÓÆµAT held that the Ä¢¹½ÊÓÆµDT¡¯s finding that Ms Chen was doing equal work to four of her colleagues who were paid more was correct and that it was the only possible conclusion on these facts. Ä¢¹½ÊÓÆµAT held that the Administration had an obligation to prevent such a violation. Ä¢¹½ÊÓÆµAT agreed with Ä¢¹½ÊÓÆµDT¡¯s assessment that, since there was no reason for the discrimination, the humiliation experienced by Ms Chen was aggravated and deserving of the award of six months¡¯ net base salary. Ä¢¹½ÊÓÆµAT dismissed the appeal and the cross-appeal and affirmed the Ä¢¹½ÊÓÆµDT judgment.

Decision Contested or Judgment/Order Appealed

Ms Chen contested the decision not to reclassify her post to the P-4 level. Ä¢¹½ÊÓÆµDT found for Ms Chen and awarded compensation.

Legal Principle(s)

Everyone, without any discrimination, has the right to equal pay for equal work.

Outcome

Appeal dismissed on merits

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants
Chen
Entity
Case Number(s)
Registry
Date of Judgement
President Judge
Language of Judgment
Issuance Type