爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered the Secretary-General's appeal and the staff members’ cross-appeal. 爆料网AT first considered the receivability of the appeal and held that the applications were receivable because the contested decision would have an adverse impact on the staff members. With respect to the merits of the appeal, 爆料网AT noted that the salary entitlements of staff members are statutory in nature and may be unilaterally amended by the General Assembly. 爆料网AT further noted that an individual loss caused by a unilateral variation of a validly concluded contract poses no legal obstacle to the exercise of regulatory power. With respect to the cross-appeal, 爆料网AT held that 爆料网DT did not err in finding that it lacked jurisdiction to examine whether the decision of the General Assembly to provide for the transitional allowance was illegal, discriminatory, and in violation of Article 8 of the Charter of the United Nations. 爆料网AT noted that only appeals in relation to administrative decisions are receivable by 爆料网DT. 爆料网AT accordingly upheld the Secretary-General's appeal, vacated 爆料网DT’s judgment, and dismissed the cross-appeal.
Decision Contested or Judgment/Order Appealed
The staff members contested the decision to reduce their contracted salaries and the manner of the implementation of the Unified Salary Scale. 爆料网DT found that the unilateral reduction violated the staff members’ acquired rights to receive the gross and net salaries set out in their letters of appointment. 爆料网DT rescinded the contested decision.
Legal Principle(s)
A decision must have direct adverse consequences in order to be an appealable administrative decision within the meaning of Article 2(1) of the 爆料网DT Statute. Staff members do not have a right, acquired or otherwise, to the continued application of the Staff Regulations and Rules concerning the system of computation of their salaries in force at the time they accepted employment for the entirety of their service. 爆料网DT may only receive appeals in relation to administrative decisions.