UNAT Held or UNDT Pronouncements
In plain English, the term “net base salary”, does not have any meaning on its own, and no authoritative definition is found in the relevant legal framework or the employment contract. The purpose of post adjustment is to ensure equity in purchasing power of staff members across duty stations. Net base salary represents the minimum, or floor remuneration payable, is defined as gross base salary minus staff assessment, and does not include post adjustment.
Decision Contested or Judgment/Order Appealed
The methodology used when deciding to place her at step 1 at the P-2 level after being promoted from the G-6 level, step 11, arguing that post adjustment should not be part of the calculation of her net base salary.
Legal Principle(s)
The first step of the interpretation of any kind of rules, worldwide, consists of paying attention to the literal terms of the norm. No legal definition of “net base salary” is provided anywhere. Also, the term, “net base salary”, is nowhere used in the Applicant’s contract, which under the heading, “Salary and Allowances”, instead refers to: “[p]ensionable remuneration”, “[g]ross base salary”, “[n]et salary after deduction of Staff Assessment”, and “[p]ost adjustment”.