2016-Ģ��ƵAT-704

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered two appeals by the Secretary-General. On the receivability, Ģ��ƵAT held that Ģ��ƵDT had not erred or exceeded its competence in finding the application receivable ratione materiae. Ģ��ƵAT held that the Secretary-General��s argument of non-receivability ratione temporis was without merit. Ģ��ƵAT held that Ģ��ƵDT erred on a question of law and fact and exceeded its competence when it held that the staff member was entitled to be granted a retroactive promotion with effect from 1 January 2012 to ensure that the time of the selection process from January 2012 to May 2013 be considered as ��D-1-time�� for the purpose of his pension benefits. Ģ��ƵAT held that the denial of this request by the ASG/OHRM was in line with the applicable Staff Rules and administrative issuances and did not violate the principle of equal pay for work of equal value. Ģ��ƵAT held that a promotion may only become effective on the first day of the month following the decision, subject to the availability of the position and the assumption of higher-level functions. Ģ��ƵAT dismissed the Secretary-General��s appeal on receivability and granted his appeal on the merits. Ģ��ƵAT affirmed judgment No. Ģ��ƵDT/2015/013 on Receivability and vacated judgment No. Ģ��ƵDT/2016/032 on Liability and Relief.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to grant his request for retroactive promotion to the D-1 level. Ģ��ƵDT issued a judgment on receivability, finding the application receivable. Ģ��ƵDT issued a second judgment on liability and relief, finding that the Assistant Secretary-General of the Office of Human Resources Management (ASG/OHRM) was incorrect in assuming that the Applicant had received equal pay for work of equal value. Ģ��ƵDT found that the situation had given rise to the Applicant earning a lower pension than he was properly entitled to. Ģ��ƵDT granted the Applicant an alternative remedy of 12 months�� net base salary.

Legal Principle(s)

Under the applicable legal framework, promotions do not go into effect retroactively. Under Staff Rule 3.10, staff members must, in general, exercise higher-level functions even without any extra compensation, and only in exceptional circumstances may they be granted a non-pensionable special post allowance ��from the beginning of the fourth month of service at the higher level��.

Outcome

Appeal granted

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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

Elmi

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Tribunal

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Date of Judgement