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The ±¬ÁÏÍøDT found that the ±¬ÁÏÍøON Administration had, prior to mid-2012 when the error was discovered, been miscalculating the amount of overtime and compensatory time off due to Security Officers and Drivers at ±¬ÁÏÍøON. The Security Officers, as a result had received payments in excess of what was due to them. Administrative errors - As held in Boutruche, the Administration has a right and even an obligation to put an end to illegal situations as soon as it becomes aware of them, while preserving any rights acquired by staff members in good faith. Staff-management consultations - No staff-management...

It is not clear when exactly the decision was first notified to the Applicant. However, by email of 23 August 2013, a Senior Human Resources Officer clearly informed the Applicant of the decision and provided him with a comprehensive explanation on the rationale and the legal basis thereof. Thereafter, the Applicant contacted the Chief, HRMS, ±¬ÁÏÍøOG, and the Director, Division of Administration, ±¬ÁÏÍøOG, seeking reconsideration of his request. By email of 25 November 2013, the Chief, HRMS, noted that the Applicant would soon be informed of the outcome of HRMS consideration of his case. Moreover, on...

Administrative errors - As held in Boutruche, the Administration has a right and even an obligation to put an end to illegal situations as soon as it becomes aware of them, while preserving any rights acquired by staff members in good faith. Staff-management consultations - No staff-management consultations as envisaged by staff rule 8.1(f) were required given the particular circumstances of this case. The documentary record also establishes that, having discovered the error, the ±¬ÁÏÍøON Administration made genuine efforts to consult with the Applicant and other affected staff members to correct...

Administrative errors - As held in Boutruche, the Administration has a right and even an obligation to put an end to illegal situations as soon as it becomes aware of them, while preserving any rights acquired by staff members in good faith. Staff-management consultations - No staff-management consultations as envisaged by staff rule 8.1(f) were required given the particular circumstances of this case. The documentary record also establishes that, having discovered the error, the ±¬ÁÏÍøON Administration made genuine efforts to consult with the Applicant and other affected staff members to correct...

The Tribunal found that it is not competent to examine decisions taken by the ±¬ÁÏÍøJSPF. The application was dismissed.

The ±¬ÁÏÍøDT found that the implementation date of 1 December 2010 and the related cut-off date of 1 December 2009 for retroactive consideration, as stated in the Guidelines, were binding on the Administration. The ±¬ÁÏÍøDT found that the Applicant¡¯s situation should have been reviewed accordingly. Given the administration¡¯s failure to follow its own Guidelines, which thus renders the decision unlawful, the ±¬ÁÏÍøDT found it unnecessary to consider the question as to whether there has been a breach of the duty to ensure that the principle of equal pay for equal work was strictly followed. The contested...

The Respondent submitted that the application was not receivable as the decision of 31 August 2011 was a reiteration of the decision given to the Applicant on 30 March 2009, before Sprauten ±¬ÁÏÍøDT/2011/094. The ±¬ÁÏÍøDT found that the decision of 31 August 2011 was made, or should have been made, pursuant to the directions and order of the Tribunal in Sprauten ±¬ÁÏÍøDT/2011/094 (see paras. 87¨C88), and it thus cannot be viewed as a mere reiteration of the decision dated 30 March 2009. The purpose of the Tribunal¡¯s order in para. 87 of Sprauten ±¬ÁÏÍøDT/2011/094 was to direct the Administration to make a new...

The ±¬ÁÏÍøDT found that the Applicant had personal standing to bring his claim before the Tribunal but he failed to establish that the Administration¡¯s decision to refuse to grant him an exception under Staff rule 12.3(b) and to proceed with the payment of his entitlement was unlawful. The Tribunal further found that the Applicant has manifestly abused the proceedings before it and an award of costs ($5,000) was appropriate under art. 10.6 of the Statute. The Respondent¡¯s contention that the Applicant does not have locus standi was considered without merit. Exceptions under staff rule 12.3: the...

When joining ±¬ÁÏÍøOPS in 2009, the Applicant¡¯s nationality for ±¬ÁÏÍø purposes had been recorded as French. Since then, he had submitted various requests to have this changed, however, despite several negative decisions rejecting his request he submitted a request for management evaluation only in 2013. He had also, while being aware that his request for change of nationality was rejected, submitted education grant claims. These claims were approved and processed by ±¬ÁÏÍøOPS, by mistake, and between 2011 and 2012 he was paid over USD60000 for school years 2009 through 2012. The Tribunal found that the...

The Tribunal found that the application was not receivable ratione materiae, since it was directed against decisions with regulatory power. The issuance of secondary salary scales to staff recruited on or after 1 March 2012 is not of individual application and does not produce direct legal consequences; it constitutes an administrative act with regulatory power, but not an administrative decision under the terms of art. 2.1(a) of the Tribunal¡¯s Statute. The freeze of existing salary scales in effect since 1 August 2010 applies to a group of staff members defined exclusively by their status and...