Judgment No. 60
Decision
1. Acquiescence of the Organization to the claim for the preservation of the complainant's former salary scale is recorded.
2. The decision of 17 April 1961 to the effect that the complainant was properly placed in Grade M.4 as from 1 July 1960 is quashed.
3. The complainant is entitled to an annual salary of 6,335 pesos as from 1 July 1960 and of 6,550 pesos as from 1 January 1961.
4. The costs incurred by the complainant in this action, the amount of which shall be taxed by the President of the Tribunal, shall be borne by the Organization.
5. The remainder of the complaint is dismissed.
Consideration II 2(A)
Extract:
The complainant has not suffered any financial prejudice. "On the other hand, the mere fact of belonging to a given grade does not carry any prestige value, unlike the use of a title, such as 'secretary' for instance [...]. Thus there is no moral prejudice."
Keywords
injury; lack of injury; moral injury; cause of action; post classification; title of post
Consideration II 2(A)
Extract:
"The complainant does not claim nor establish that during [the material] period her duties and responsibilities justified her being graded M.5, and it must therefore be concluded that she was correctly graded. Moreover, she has not established that other officials had been regraded M.5 although they performed exactly the same duties as she did. Hence she cannot complain of discrimination."
Keywords
evidence; lack of evidence; equal treatment; post classification
Consideration II 2(B)
Extract:
The Tribunal has carried out a detailed comparison of the tasks assigned to the complainant with those established by the classification plan. "If the organization made a mistake [...] it was not in describing complainant as a budget clerk but in placing her in grade M.4. In fact, the complainant belonged to grade M.5."
Keywords
post classification; grade; post description; judicial review
Consideration II 2(C)
Extract:
The Tribunal holds that the organization made a mistake in placing the complainant, a budget clerk, in grade M.4. "In fact, the complainant belonged to grade M.5 [...]. Under the new classification plan [...], the complainant was [...] downgraded, and the effects of this change on her salary must be determined."
Keywords
post classification; grade; downgrading; salary; flaw; consequence; reduction of salary
Consideration 1
Extract:
"The Tribunal records the fact that the organization complied with complainant's submissions. In respect of that complaint, the complainant is entitled to costs."
Keywords
settlement out of court; exception; costs; case pending
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