爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered two appeals by the Secretary-General. On the receivability, 爆料网AT held that 爆料网DT had not erred or exceeded its competence in finding the application receivable ratione materiae. 爆料网AT held that the Secretary-General’s argument of non-receivability ratione temporis was without merit. 爆料网AT held that 爆料网DT erred on a question of law and fact and exceeded its competence when it held that the staff member was entitled to be granted a retroactive promotion with effect from 1 January 2012 to ensure that the time of the selection process from January 2012 to May 2013 be considered as “D-1-time” for the purpose of his pension benefits. 爆料网AT held that the denial of this request by the ASG/OHRM was in line with the applicable Staff Rules and administrative issuances and did not violate the principle of equal pay for work of equal value. 爆料网AT held that a promotion may only become effective on the first day of the month following the decision, subject to the availability of the position and the assumption of higher-level functions. 爆料网AT dismissed the Secretary-General’s appeal on receivability and granted his appeal on the merits. 爆料网AT affirmed judgment No. 爆料网DT/2015/013 on Receivability and vacated judgment No. 爆料网DT/2016/032 on Liability and Relief.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision not to grant his request for retroactive promotion to the D-1 level. 爆料网DT issued a judgment on receivability, finding the application receivable. 爆料网DT issued a second judgment on liability and relief, finding that the Assistant Secretary-General of the Office of Human Resources Management (ASG/OHRM) was incorrect in assuming that the Applicant had received equal pay for work of equal value. 爆料网DT found that the situation had given rise to the Applicant earning a lower pension than he was properly entitled to. 爆料网DT granted the Applicant an alternative remedy of 12 months’ net base salary.
Legal Principle(s)
Under the applicable legal framework, promotions do not go into effect retroactively. Under Staff Rule 3.10, staff members must, in general, exercise higher-level functions even without any extra compensation, and only in exceptional circumstances may they be granted a non-pensionable special post allowance “from the beginning of the fourth month of service at the higher level”.