2024-Ģ��ƵAT-1415

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

The Ģ��ƵAT noted that the staff member had requested to be reclassified at Grade HL7 in her e-mail dated 2 January 2017 and her subsequent communications had been reiterations of that request.

The Ģ��ƵAT held that the Administration should compensate the actual loss of income the staff member incurred from the moment her reclassification should have been implemented. The Ģ��ƵAT found that the Ģ��ƵWRA DT had appropriately considered the time limit of six months reasonable. The Ģ��ƵAT concluded that the Ģ��ƵRWA DT had not erred in law or fact in holding that she should be paid the difference in salary and associated entitlements from 1 August 2017.

The Ģ��ƵAT dismissed the appeal and affirmed the Ģ��ƵRWA DT��s Judgment.

Decision Contested or Judgment/Order Appealed

A staff member contested a decision not to reclassify her post to Grade HL7.

In Judgment No. Ģ��ƵRWA/DT/2023/016, the Ģ��ƵRWA DT rescinded the contested decision and ordered that the Commissioner-General was to pay to the staff member the difference from 1 August 2017 between the salaries and associated entitlements of Grade HL6 and step which she held, and Grade HL7 and step to which she was entitled.

The Commissioner-General appealed.

Legal Principle(s)

Compensation is calculated from the moment the Administration failed to prevent the delay in reclassifying the post, provided that the Organization was already benefitting from the performance of the higher functions by the staff member.

Outcome

Appeal dismissed on merits

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Applicants/Appellants

Dua Smadi

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Case Number(s)

Tribunal

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Date of Judgement