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Special post allowance (351,-666)

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Keywords: Special post allowance
Total judgments found: 16

  • Judgment 4830


    138th Session, 2024
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the implied decision dismissing his request for his administrative situation to be regularised, the decision ordering his transfer, the decision to award him a special post allowance in that it excluded a certain period and the amount in question was insufficient, and the decision announcing his promotion in that it was not retroactive and did not place him on step 7 of grade G.4.

    Judgment keywords

    Keywords:

    complaint allowed; promotion; receivability of the complaint; special post allowance; transfer;

    Consideration 16

    Extract:

    The Tribunal notes that the complainant does not seek compensation for the material injury he allegedly suffered as a result of the unlawfulness of the transfer decision [...]. Even if the complainant had made such a request, it would not, in any event, be appropriate to grant it, since the file shows that he received for that post a [special post allowance], retroactive to the date on which his transfer took effect.

    Keywords:

    material injury; special post allowance; transfer;



  • Judgment 4752


    137th Session, 2024
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to grant her a special post allowance.

    Judgment keywords

    Keywords:

    complaint dismissed; post classification; special post allowance;



  • Judgment 4751


    137th Session, 2024
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the ICC’s refusal to grant his request for several special post allowances.

    Judgment keywords

    Keywords:

    complaint dismissed; special post allowance;

    Consideration 4

    Extract:

    [T]he complainant’s submissions are mainly based on his own interpretation of the duties and responsibilities he actually carried out, as well as on a personal appraisal of his performance, which cannot be taken into account by the Tribunal.

    Keywords:

    judicial review; special post allowance;



  • Judgment 4591


    135th Session, 2023
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the reduction in the amount of his functional allowance calculated in proportion to the reduction in his working hours.

    Judgment keywords

    Keywords:

    allowance; complaint dismissed; part-time employment; special post allowance;



  • Judgment 4209


    129th Session, 2020
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the ITU’s failure to address her claim for reclassification and for payment of a special post allowance.

    Judgment keywords

    Keywords:

    complaint dismissed; failure to exhaust internal remedies; late appeal; post held by the complainant; special post allowance;



  • Judgment 3569


    121st Session, 2016
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant requests the payment of a differential allowance, since he contends that he temporarily occupied his superior’s post.

    Judgment keywords

    Keywords:

    complaint dismissed; special post allowance;

    Consideration 3

    Extract:

    "The requisite conditions for an official to be recognised as performing duties on a temporary basis, in other words that she or he has received a “request by the administration” and that she or he “perform[s] duties of a post not being her or his ordinary post but a post at a higher grade”, are therefore not met. For this reason, the complainant has no grounds to contend that he should have received the differential allowance which he is claiming."

    Keywords:

    special post allowance;



  • Judgment 3370


    118th Session, 2014
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, who performed duties at a higher level than his grade, impugns the decision not to grant him a promotion and acting allowance, and partially succeeds on the basis that the Organisation breached its duty of care.

    Judgment keywords

    Keywords:

    appointment; special post allowance;



  • Judgment 2356


    97th Session, 2004
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    "[T]he payment of [a] special post allowance [...] is meant to financially reward a staff member for carrying out duties of a higher-level post, and the complainant is mistaken when she equates the payment with a positive assessment of her work."

    Keywords:

    definition; grade; official; payment; post; purpose; satisfactory service; special post allowance; work appraisal;



  • Judgment 2314


    96th Session, 2004
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 23

    Extract:

    The post in respect of which the complainant was receiving a special post allowance was transferred but he has continued to perform the duties of the post. The Director-General has taken the view that transfer was equivalent to the abolition of the post and the allowance was terminated. "The principle of equal pay for work of equal value requires that, until a proper evaluation of the work performed by the complainant is carried out, he should be remunerated at a rate equivalent to that which he would have received by way of special post allowance for so long as he continues to perform all of the duties and responsibilities of the abolished post."

    Keywords:

    abolition of post; equal treatment; executive head; general principle; organisation's duties; payment; post; refusal; salary; special post allowance; transfer; work appraisal;

    Consideration 21

    Extract:

    The post in respect of which the complainant was receiving a special post allowance was transferred but he has continued to perform the duties of the post. The Director-General has taken the view that transfer was equivalent to the abolition of the post and the allowance was terminated. The relevant Manual provision "does prohibit payment of a special post allowance when a post has been abolished. However, it does not and cannot relieve an employer of its duty to ensure proper remuneration for extra duties and responsibilities discharged by an employee over and above those of the substantive post which he or she holds."

    Keywords:

    abolition of post; executive head; official; organisation; organisation's duties; payment; post held by the complainant; provision; refusal; salary; special post allowance; staff regulations and rules; transfer;



  • Judgment 1677


    84th Session, 1998
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    ITU Staff Regulation 3.8 (a) lays down two conditions regarding the payment of a special post allowance: "one is that there must be a post at a higher grade than the claimant's; the other that the claimant must be performing the duties of the post. The Union adds a third condition, that the post description must be recent. But it is wrong: there is neither a written rule nor any particular basic principle that lays down that requirement."

    Reference(s)

    Organization rules reference: ITU STAFF REGULATION 3.8 (A)

    Keywords:

    condition; grade; organisation's duties; post description; special post allowance; staff regulations and rules;



  • Judgment 1594


    82nd Session, 1997
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The description and grading of the complainant's post dragged on for three-and-a-half years, and that was too long. As the Appeal Board held, "the administration has a duty to process promptly any claim to upgrading or to payment of special post allowance so that the official will not be left to suffer or to wonder what is going on.

    Keywords:

    administrative delay; duty of care; good faith; organisation's duties; post classification; post description; request by a party; special post allowance; staff member's interest;



  • Judgment 1370


    77th Session, 1994
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant pleads that he had been promoted from grade G.7 to P.2 "even though he was drawing the post allowance. It is immaterial whether or not the conditions in which he was granted the allowance met the requirements of Regulation 3.8: suffice it to observe that he acquiesced and amply reaped the benefit for most of the period during which he received the allowance. So the Tribunal cannot allow his plea that he was promoted."

    Reference(s)

    Organization rules reference: ITU STAFF REGULATION 3.8

    Keywords:

    acceptance; amendment to the rules; condition; general service category; grade; professional category; promotion; special post allowance; staff regulations and rules;



  • Judgment 1093


    70th Session, 1991
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    At the time of his promotion to grade P.2 the complainant held a permanent appointment at grade G.5, as well as a fixed-term appointment at grade G.7 while drawing a special post allowance corresponding to P.2. The Tribunal holds that because he had never had a permanent appointment at G.7 his promotion was from G.5 to P.2.

    Keywords:

    grade; promotion; special post allowance;



  • Judgment 460


    46th Session, 1981
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "The duty allowance is a temporary one. The staff member who receives it knows that he will continue to do so only as long as he is performing duties pertaining to a higher grade. If [...] he is assigned the duties of a higher grade because of promotion, there are no grounds for payment of the duty allowance".

    Keywords:

    consequence; promotion; special post allowance;



  • Judgment 395


    43rd Session, 1980
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant, who held grade P.4, was appointed to a post for which he was to be paid a special post allowance corresponding to step 3 of grade P.5. He claimed promotion by direct selection to this grade. The decisions of the Director-General concerning his assignment and remuneration are not open to challenge. It appears from the provision respecting P.5 posts that "the Director-General enjoys discretionary authority and is free, but not obliged, to make an appointment by direct selection." The decision is not tainted with any of the flaws which entitle the Tribunal to interfere.

    Keywords:

    discretion; judicial review; promotion; special post allowance;



  • Judgment 265


    36th Session, 1976
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "The Director-General of the organisation, by virtue of the general authority conferred on him as such and in the interests of efficiency, is empowered to change the duties assigned to his subordinates provided that that change is not tainted with any flaw which entitles the Tribunal to interfere. In the present case it is not disputed that the change was not so tainted. In particular, it does not appear from the documents in the dossier that the impugned decision was taken from any motive other than a desire to promote work efficiency."

    Keywords:

    amendment to the rules; assignment; consequence; discontinuance; discretion; judicial review; organisation's interest; special post allowance;


 
Last updated: 22.11.2024 ^ top