爆料网AT Held or 爆料网DT Pronouncements
On the Appellants’ request for an oral hearing, 爆料网AT 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, 爆料网AT 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. 爆料网AT held that: 爆料网DT was competent to review its own competence or jurisdiction; 爆料网DT correctly applied the jurisprudence of 爆料网AT in the definition of administrative decision; and 爆料网DT correctly opined that when 爆料网AT had determined its jurisprudence on a precise legal question, it was not appropriate for 爆料网DT to examine the jurisprudence developed by other jurisdictions. 爆料网AT upheld the 爆料网DT’s reasoning that the issuance of secondary salary scales did not amount to an administrative decision and held that 爆料网DT did not make an error of law when it refused to receive the Appellant’s claim challenging the issuance of secondary salary scales for staff hired on or after 1 March 2012. 爆料网AT upheld the 爆料网DT’s reasoning that the salary freeze did not constitute an administrative decision and that it was a measure with regulatory power that 爆料网DT had no competence to rescind. 爆料网AT held that 爆料网DT did not make an error of law when it refused to receive the Appellants’ claim regarding the salary freeze. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
The Applicants contested the Secretary-General’s decision to accept the Headquarters Salary Steering Committee’s recommendations for the promulgation of revised salary scales for the General Service and National Officer categories of staff in Bangkok, that would freeze the salaries for extant staff members and establish a second tier of salaries for staff members hired on or after 1 March 2012. 爆料网DT found that the applications were not receivable ratione materiae.
Legal Principle(s)
爆料网DT is competent to review its own competence. When 爆料网AT has determined its jurisprudence on a precise legal question, it is not appropriate for 爆料网DT to examine the jurisprudence developed by other jurisdictions. Decisions by which the Secretary-General fixes salary scales are measures with regulatory power which the 爆料网DT has no competence to rescind.