Ä¢¹½ÊÓÆµ

2015-Ä¢¹½ÊÓÆµAT-526

Ä¢¹½ÊÓÆµAT Held or Ä¢¹½ÊÓÆµDT Pronouncements

On the Appellants¡¯ request for an oral hearing, Ä¢¹½ÊÓÆµAT held that it would not assist in the expeditious and fair disposal of the case since the sole issue on appeal was an issue of law (receivability). On the Appellants¡¯ request that the appeal be heard by a full bench, Ä¢¹½ÊÓÆµAT held that neither the President nor any two judges sitting on the appeal found the case raised a significant question of law warranting a full bench and denied the request. Ä¢¹½ÊÓÆµAT held that: Ä¢¹½ÊÓÆµDT was competent to review its own competence or jurisdiction; Ä¢¹½ÊÓÆµDT correctly applied the jurisprudence of Ä¢¹½ÊÓÆµAT in the definition of administrative decision; and Ä¢¹½ÊÓÆµDT correctly opined that when Ä¢¹½ÊÓÆµAT had determined its jurisprudence on a precise legal question, it was not appropriate for Ä¢¹½ÊÓÆµDT to examine the jurisprudence developed by other jurisdictions. Ä¢¹½ÊÓÆµAT upheld the Ä¢¹½ÊÓÆµDT¡¯s reasoning that the issuance of secondary salary scales did not amount to an administrative decision and held that Ä¢¹½ÊÓÆµDT did not make an error of law when it refused to receive the Appellant¡¯s claim challenging the issuance of secondary salary scales for staff hired on or after 1 March 2012. Ä¢¹½ÊÓÆµAT upheld the Ä¢¹½ÊÓÆµDT¡¯s reasoning that the salary freeze did not constitute an administrative decision and that it was a measure with regulatory power that Ä¢¹½ÊÓÆµDT had no competence to rescind. Ä¢¹½ÊÓÆµAT held that Ä¢¹½ÊÓÆµDT did not make an error of law when it refused to receive the Appellants¡¯ claim regarding the salary freeze. Ä¢¹½ÊÓÆµAT dismissed the appeal and affirmed the Ä¢¹½ÊÓÆµDT judgment.

Decision Contested or Judgment/Order Appealed

The Applicants contested the Secretary-General¡¯s decision to accept the Headquarters Salary Steering Committee¡¯s recommendations for the promulgation of revised salary scales for the General Service and National Officer categories of staff in Bangkok, that would freeze the salaries for extant staff members and establish a second tier of salaries for staff members hired on or after 1 March 2012. Ä¢¹½ÊÓÆµDT found that the applications were not receivable ratione materiae.

Legal Principle(s)

Ä¢¹½ÊÓÆµDT is competent to review its own competence. When Ä¢¹½ÊÓÆµAT has determined its jurisprudence on a precise legal question, it is not appropriate for Ä¢¹½ÊÓÆµDT to examine the jurisprudence developed by other jurisdictions. Decisions by which the Secretary-General fixes salary scales are measures with regulatory power which the Ä¢¹½ÊÓÆµDT has no competence to rescind.

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.