2019-��AT-958

��AT Held or ��DT Pronouncements

��AT considered the Appellants�� consolidated appeals against the rejection of their requests to be upgraded to a higher level. ��AT held that it was not satisfied that the essential elements were present to enable the IMO SAB to take a decision within the meaning of Article 2(10) of the ��AT Statute. ��AT held that, even if the SAB issuance was a decision, it was nevertheless only advisory or recommendatory. ��AT noted that SAB gave advice to the Secretary-General of IMO, who could not be regarded as a neutral part of the process as he was both the employer��s representative and the original decision-maker. ��AT held that it was the Secretary-General of IMO, who was not a neutral first instance, who took the final decision. ��AT remanded the matter to the SAB for decision.

Decision Contested or Judgment/Order Appealed

The individuals requested their posts to be upgraded to a higher level. The Secretary-General of the International Maritime Organisation (IMO) rejected their requests upon advice from the IMO��s Classification Committee and the IMO��s internal appeals process (the Staff Appeals Board (SAB)), which both recommended that the posts stayed at their current grades.

Legal Principle(s)

��AT is competent to hear appeals from an international organization or other entities participating in the common system of conditions of service where a special agreement has been concluded which accepts the jurisdiction of ��AT. However, such a special agreement may only be concluded where the organization or entity utilizes a neutral first instance process that includes a written record and written decision providing reasons, fact and law.

Outcome

Appeal granted

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Dispert & Ho

Entity

Case Number(s)

Tribunal

Registry