蘑菇视频

2021-蘑菇视频AT-1107

2021-蘑菇视频AT-1107, Abd Al Shakour et al, Aksioutine et al

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Full judgment

蘑菇视频AT Held or 蘑菇视频DT Pronouncements

Appeals dismissed, 蘑菇视频DT Judgments upheld. The Tribunals do not have reviewability of ICSC decisions, they do have jurisdiction to review the Secretary-General’s mechanical power in implementing such decisions on narrow grounds for legality. The ICSC decision to adjust the salary scale and post-adjustment allowance multiplier was not reviewable. The Secretary-General’s implementation of that decision was an administrative decision as it was not a general policy but had individual adverse impact per staff member via their payslips and was therefore receivable. While receivable, the ICSC decision remained not reviewable for lack of jurisdiction to review; General Assembly actions. The Secretary-General’s implementation of the salary scale adjustment was lawful.

Decision Contested or Judgment/Order Appealed

蘑菇视频DT/2020/106, 蘑菇视频DT/2020/107, 蘑菇视频DT/2020/133, 蘑菇视频DT/2020/154; The impugned Judgments of the 蘑菇视频DT noted above were identical in substance. The Applicants challenged the implementation of a salary scale adjustment decided by the ICSC and implemented by the Secretary-General.

Legal Principle(s)

The decisions of the ICSC are not reviewable by the 蘑菇视频DT/蘑菇视频AT as per the 蘑菇视频AT Statute and General Assembly resolutions. The mechanical power of the Secretary-General in implementing ICSC decisions is reviewable on limited grounds for legality.

Outcome

Appeal dismissed on receivability

Outcome Extra Text

Appeals dismissed

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the 蘑菇视频DT Statute and Article 11(3) of the 蘑菇视频AT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

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

Applicants/Appellants
Abd Al Shakour et al, Aksioutine et al
Entity
ICSC
Case Number(s)
2020-1438
2020-1470
Tribunal
蘑菇视频AT
Registry
New York
Date of Judgement
Language of Judgment
English
Issuance Type
Judgment
Categories/Subcategories
Administrative decision
Jurisdiction / receivability (蘑菇视频AT)
Salary
Applicable Law
GA Resolutions