2011-UNAT-107, Chen

UNAT Held or UNDT Pronouncements

UNAT considered an appeal by the Secretary-General and a cross-appeal by Ms Chen. UNAT held that the principle that everyone, without any discrimination, has the right to equal pay for equal work (Article 23(2) of the Universal Declaration of Human Rights) applies to UN staff. UNAT held that budgetary considerations could not trump the requirement of equal treatment. UNAT declined to grant the relief sought by Ms Chen in her cross-appeal on the basis that UNDT awarded damages from the correct date. UNAT held that the Administration’s allegation that UNDT usurped the Secretary-General’s discretion was misplaced, noting that there is no discretion to violate the principle of equal pay for equal work. UNAT held that the UNDT’s finding that Ms Chen was doing equal work to four of her colleagues who were paid more was correct and that it was the only possible conclusion on these facts. UNAT held that the Administration had an obligation to prevent such a violation. UNAT agreed with UNDT’s assessment that, since there was no reason for the discrimination, the humiliation experienced by Ms Chen was aggravated and deserving of the award of six months’ net base salary. UNAT dismissed the appeal and the cross-appeal and affirmed the UNDT judgment.

Decision Contested or Judgment Appealed

Ms Chen contested the decision not to reclassify her post to the P-4 level. UNDT found for Ms Chen and awarded compensation.

Legal Principle(s)

Everyone, without any discrimination, has the right to equal pay for equal work.

Outcome

Appeal dismissed on merits

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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.

Full Judgment

Applicants/ Appellants

Chen

Entity

DGACM

Case Number(s)

2010-102

Tribunal

UNAT

Registry Location :

New York