爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered an appeal by the Secretary-General and a cross-appeal by Ms Chen. 爆料网AT held that the principle that everyone, without any discrimination, has the right to equal pay for equal work (Article 23(2) of the Universal Declaration of Human Rights) applies to 爆料网 staff. 爆料网AT held that budgetary considerations could not trump the requirement of equal treatment. 爆料网AT declined to grant the relief sought by Ms Chen in her cross-appeal on the basis that 爆料网DT awarded damages from the correct date. 爆料网AT held that the Administration’s allegation that 爆料网DT usurped the Secretary-General’s discretion was misplaced, noting that there is no discretion to violate the principle of equal pay for equal work. 爆料网AT held that the 爆料网DT’s finding that Ms Chen was doing equal work to four of her colleagues who were paid more was correct and that it was the only possible conclusion on these facts. 爆料网AT held that the Administration had an obligation to prevent such a violation. 爆料网AT agreed with 爆料网DT’s assessment that, since there was no reason for the discrimination, the humiliation experienced by Ms Chen was aggravated and deserving of the award of six months’ net base salary. 爆料网AT dismissed the appeal and the cross-appeal and affirmed the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
Ms Chen contested the decision not to reclassify her post to the P-4 level. 爆料网DT found for Ms Chen and awarded compensation.
Legal Principle(s)
Everyone, without any discrimination, has the right to equal pay for equal work.