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Judgment No. 1096

Decision

1. THE COMPLAINTS ARE DECLARED RECEIVABLE.
2. THE ORGANISATION SHALL FILED BY 11 MARCH 1991 REPLIES TO THE TRIBUNAL'S INSTRUCTIONS AND QUESTIONS SET OUT ABOVE; THE COMPLAINANTS MAY IN TURN COMMENT BY 10 APRIL 1991 AND THE ORGANISATION MAY SUBMIT A FINAL BRIEF BY 3 MAY 1991.
3. ALL THE OTHER ISSUES ARE RESERVED.

Consideration 11

Extract:

"A complaint is receivable under Article VII(3) where the administration fails to take any decision upon the claim within sixty days of the date of notification of it. Once an organisation has accepted the Tribunal's Statute it may not derogate from Article VII(3) by dint of internal rules of its own. The only difference Eurocontrol's own Staff Regulations may make is that it is estopped from objecting to receivability when, in reliance on its own time limit, a staff member has filed a complaint that would be receivable under its Staff Regulations but out of time under Article VII." (See also Judgment 1095.)

Reference(s)

ILOAT reference: ARTICLE VII(3) OF THE STATUTE
ILOAT Judgment(s): 1095

Keywords

complaint; failure to answer claim; receivability of the complaint; time limit; time bar; good faith; iloat statute; precedence of rules; staff regulations and rules; consequence; difference

Summary

Extract:

In Judgment 963 the Tribunal set aside in part an initial reduction in the rate of refund of educational expenses at Eurocontrol insofar as the reduction was given retroactive effect. The present complaints challenge the second reduction. Recalling a recurring principle in the case law (see Judgments 726 and 825) that "a reduction in pay may not be so great as to disrupt the structure of the terms of appointment and that there must be sound reasons for it", the Tribunal orders further submissions in which the defendant organisation shall explain in greater detail the favourable effects of the measure.

Reference(s)

ILOAT Judgment(s): 726, 825, 963

Keywords

duty to substantiate decision; interlocutory order; further submissions; salary; education expenses; refund; reduction

Consideration 12

Extract:

"Since the complaints have met the requirements of [article] VII [of the Tribunal's Statute] and the time limits therein the plea of irreceivability fails. The organisation's belated decisions expressly rejecting the appeals do not alter the substance of the dispute, which turns on the rejection to be inferred from expiry of the time limit in [Article]VII(3)."

Reference(s)

ILOAT reference: ARTICLE VII(3) OF THE STATUTE

Keywords

complaint; express decision; implied decision; failure to answer claim; late decision; receivability of the complaint; time limit



 
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