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On the Appellants¡¯ request for an oral hearing, Ä¢¹½ÊÓƵAT 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¢¹½ÊÓƵAT 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¢¹½ÊÓƵAT held that: Ä¢¹½ÊÓƵDT was competent to review its own competence or jurisdiction; Ä¢¹½ÊÓƵDT correctly applied the jurisprudence of Ä¢¹½ÊÓƵAT in the definition of...

Ä¢¹½ÊÓƵAT considered the Secretary-General's appeal and the staff members¡¯ cross-appeal. Ä¢¹½ÊÓƵAT first considered the receivability of the appeal and held that the applications were receivable because the contested decision would have an adverse impact on the staff members. With respect to the merits of the appeal, Ä¢¹½ÊÓƵAT noted that the salary entitlements of staff members are statutory in nature and may be unilaterally amended by the General Assembly. Ä¢¹½ÊÓƵAT further noted that an individual loss caused by a unilateral variation of a validly concluded contract poses no legal obstacle to the exercise of...

Ä¢¹½ÊÓƵAT found that the appeal raised significant questions of law about the power of the Organisation to unilaterally alter or reduce the compensation of staff members of the Organisation. For that reason, the President of Ä¢¹½ÊÓƵAT in terms of Article 10(2) of the Ä¢¹½ÊÓƵAT Statute elected to refer the appeal for consideration by the full bench of Ä¢¹½ÊÓƵAT. Ä¢¹½ÊÓƵAT recalled that an administrative decision is a unilateral decision of an administrative nature taken by the administration involving the exercise of a power or the performance of a function in terms of a statutory instrument, which adversely affects...

Ä¢¹½ÊÓƵAT held that the report of the JAB was not a decision resulting from a neutral first instance process and therefore could not be appealed to Ä¢¹½ÊÓƵAT. Ä¢¹½ÊÓƵAT held that such a case must be remanded for proper consideration by a neutral process that produces a record of the proceedings and a written decision. Ä¢¹½ÊÓƵAT noted that the case could not be remanded to the JAB, whose functions were removed by Agreement between the Ä¢¹½ÊÓƵ and the WMO, signed on 20 January 2020 and effective the same date. Ä¢¹½ÊÓƵAT remanded the case to Ä¢¹½ÊÓƵDT for adjudication as a result of said Agreement on the extension of the...

Ä¢¹½ÊÓƵAT made no finding regarding whether the WMO JAB erred on its finding of receivability, given its decision to remand the matter to Ä¢¹½ÊÓƵDT. Ä¢¹½ÊÓƵAT held that the report of WMO JAB was not a decision resulting from a neutral first instance process and therefore could not be appealed to Ä¢¹½ÊÓƵAT. Ä¢¹½ÊÓƵAT held that such a case had to be remanded for proper consideration by a neutral process that produces a record of the proceedings and a written decision. Ä¢¹½ÊÓƵAT noted that the case could not be remanded to WMO JAB, whose functions were removed by Agreement between the Ä¢¹½ÊÓƵ and WMO dated 20 January 2020. Ä¢¹½ÊÓƵAT...

The 11 percent increase in the US Embassy salaries from June 2008 were properly factored into the calculations, but the 2010 increase fell outside the data range for the collection and consideration of data for the 2010 review. There was no evidence of ill motivation or breaches of the relevant rules and guidelines by the Administration.; The Administration did not breach any of the provisions of the Manual when it reached the decision concerning family expenditure surveys. The Office of Human Resources Management used the correct criteria for deciding if a spousal allowance should be created...

Since the receivability of an application is a question of law, the Tribunal considers that it is appropriate to make use of art. 9 of its Rules of Procedure, and to decide on the application by way of summary judgment, without transmitting it to the Respondent. Upon taking up her functions as a Programme Management Officer at Ä¢¹½ÊÓƵFCCC on 8 November 2012, the Applicant knew about her step in grade, as per her offer of appointment of 24 September 2012. Since the Applicant filed her request for management evaluation against the determination of her step upon recruitment with Ä¢¹½ÊÓƵFCCC four years...

Receivability Contested decisions Considering the Applicants¡¯ submissions as a whole, the contested decisions are to be identified as Secretary-General¡¯s decisions, in implementing the Unified Salary Scale, to convert a portion of the Applicants¡¯ salaries into a separate allowance. The Applicants do not challenge the General Assembly¡¯s resolution adopting the Unified Salary Scale as a measure of general application. Whether the contested decisions constitute administrative decisions In interpreting its jurisdiction, the Tribunal must take into account the Organization¡¯s duty to provide access...

Receivability Contested decisions Considering the Applicants¡¯ submissions as a whole, the contested decisions are to be identified as Secretary-General¡¯s decisions, in implementing the Unified Salary Scale, to convert a portion of the Applicants¡¯ salaries into a separate allowance. The Applicants do not challenge the General Assembly¡¯s resolution adopting the Unified Salary Scale as a measure of general application. Whether the contested decisions constitute administrative decisions In interpreting its jurisdiction, the Tribunal must take into account the Organization¡¯s duty to provide access...

Receivability Contested decisions Considering the Applicants¡¯ submissions as a whole, the contested decisions are to be identified as Secretary-General¡¯s decisions, in implementing the Unified Salary Scale, to convert a portion of the Applicants¡¯ salaries into a separate allowance. The Applicants do not challenge the General Assembly¡¯s resolution adopting the Unified Salary Scale as a measure of general application. Whether the contested decisions constitute administrative decisions In interpreting its jurisdiction, the Tribunal must take into account the Organization¡¯s duty to provide access...