Chapter V. Decisions of Administrative Tribunals of the United Nations and related intergovernmental organizations
UNITED NATIONS
JURIDICAL YEARBOOK
Extract from:
Chapter V. Decisions of administrative tribunals of the United Nations and related
intergovernmental organizations
1987
Part Two. Legal activities of the United Nations and related intergovernmental
organizations
Copyright (c) United Nations
Page
4.
International
Civil Aviation Organization
103
5.
World Health Organization
104
6.
World Bank
1105
7.
International Monetary Fund
108
8.
Universal Postal Union
111
9.
International Maritime Organization
113
10.
International Fund
for
Agricultural Development
114
11.
International Atomic Energy Agency
120
12.
United Nations Industrial Development Organization
121
CHAPTER
IV.
TREATIES
CONCERNING
INTERNATIONAL
LAW
CONCLUDED
UNDER
THE
AUSPICES
OF THE
UNITED NATIONS
AND
RELATED INTER-
GOVERNMENTAL
ORGANIZATIONS
137
CHAPTER
V.
DECISIONS
OF
ADMINISTRATIVE TRIBUNALS
OF THE
UNITED
NATIONS
AND
RELATED INTERGOVERNMENTAL ORGANIZATIONS
A.
DECISIONS
OF THE
ADMINISTRATIVE TRIBUNAL
OF THE
UNITED
NATIONS
1.
Judgement
No. 389 (4
June
1987):
Hrubant
and
eight others
v.
the
Secretary-General
of the
United Nations
139
Request
for
promotion
to S-3
level pursuant
to the
"1974
agree-
ment"
—
Secretary-General's
discretionary power
was
lim-
ited
by the
agreement
—
Terms
of the
agreement were
valid
until
a new
promotion system
had
been approved
—
Question
of
interpretation
of the
terms
of the
agreement
139
2.
Judgement
No. 390 (5
June
1987):
Walter
v. the
Secretary-
General
of the
United Nations
140
Request
for
implementation
of
promotion from
G-5 to
P-2,
granted
by the
Executive Director
of
UNITAR
just before
his
term ended
and
suspended
by the new
Executive
Director
—
Entitlement
of the
Director
to
exercise
his
authority
until
his
term
of
office
expired
—
Appointment
and
Promotion
Board's
negative advice
on the
promotion
is
not
binding
on the
Executive Director
— No
legal justifica-
tion
for the
suspension
of the
decision
of the
former
Executive
Director
—
Question
of
whether
the
Applicant's
promotion
to the
Professional category
was
valid upon
her
assignment
to the
United Nations Secretariat
140
vu
Page
3.
Judgement
No. 395 (5
November
1987):
Oummih,
Gordon
and
Gruber
v. the
Secretary-General
of the
United Nations
142
Applicants challenge
the
Secretary-General's decision
on the
deferment
of the
implementation
of
cost-of-living
adjust-
ments
in the
salaries
of
General Service staff
—
Competence
of the
Secretary-General
in the
matter
— No
legal expectancy that
the
methodology
or the
consequential
adjustments
would never
be
modified
or
suspended
—
Interpretation
of the
legal
effect
of the
decision using
the
guiding
principle that
it
should
be
construed
as
having
a
lesser
rather than greater adverse
effect
on the rights of the
staff
under
the
Staff
Regulations
and
Rules
—
Right
of the
staff
to be
informed with
reasonable
clarity
of an
important
aspect
of
staff
compensation
—
Acquired
right
under regu-
lation
12.1
to the
payment
of the
cost-of-living
adjustment
until
the
General Assembly decision
of 9 May
1986
—
Question
of
consultation with
ICSC
in the
matter
—
Tribunal
not
empowered
to
question sovereign authority
of
the
General Assembly
to
take
the
decision
—
Accepted
principle
of law
that
the
actions
of any
party
are
presumed
to be in
accord with
and to
honour prior legislation
and
commitments
—
Question
of
violation
of the
principle
of
equality
142
4.
Judgement
No. 399 (9
November
1987):
Walsh
v. the
Secretary-
General
of the
United Nations
144
Applicant
challenges methodology used
to
calculate
his
emolu-
ments
upon promotion
from
FS-5
to P-2 —
Question
of
whether
promotion
was
consistent
with
administrative
instruction
ST/AI/279
and
rule 103.9
of the
Staff
Rules
—
Understanding
of the
term
"promotion"
—
Staff
member
cannot
be
bound
by
unpublished memorandum
—
Methodology applied
did not
represent
a
reasonable
or
per-
missible
interpretation
of
administrative instruction
ST/AI/279
or
staff
rule 103.9
144
5.
Judgement
No.
401
(12
November
1987):
Upadhya
v. the
Secretary-General
of the
United
Nations
146
Discriminatory
treatment
of a
staff
member determined
by the
Panel
to
Investigate Allegations
of
Discriminatory
Treatment
—
Unjustified
delay
of the
Respondent
in
reply-
ing
to the
Applicant's appeal
—
Competence
of the
Joint
Appeals
Board
in the
matters raised
by the
Applicant
—
Prompt
and
effective
action
has to be
taken
to
remedy dis-
criminatory
treatment
146
6.
Judgement
No. 408
(13
November 1987): Rigoulet
v. the
Secretary-General
of the
United
Nations
148
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