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Judgment No. 1118

Decision

THE COMPLAINTS AND THE APPLICATIONS TO INTERVENE ARE DISMISSED.

Consideration 9

Extract:

"Though the Tribunal's main task is to enforce the written rules in disputes between organisation and staff member, clear and consistent precedent makes dealings between the two sides subject, not just to the material provisions of the staff regulations and the contract of employment, but also to a set of general principles that form part of the law of the international civil service."

Keywords

competence of tribunal; general principle; international civil service principles; staff regulations and rules; enforcement

Considerations 10 and 11

Extract:

The organisation submits that the Tribunal is not competent to entertain a challenge to measures taken by the Permanent Commission, which is a legislative body. "An organisation may of course freely decide what its staff regulations are to say and what the structure of its secretariat is to be. But once it has laid those administrative foundations the political and administrative bodies that frame personnel policy have a duty as employer at all times and more particularly when amending conditions of service to abide by [the] general principles [of the international civil service]. As it stated in Judgment 986 [...], under 2, the Tribunal is fully competent when the relationship between the organisation and its staff is at issue, subject only to Article XII of its Statute."

Reference(s)

ILOAT reference: ARTICLE XII OF THE STATUTE
ILOAT Judgment(s): 986

Keywords

general decision; competence of tribunal; international civil service principles; organisation's duties; enforcement; executive body; legislative body

Considerations 18 and 19

Extract:

The complainants seek the quashing of a 1.25 per cent "reduction" in the repayment of education expenses in keeping with a decision taken by Eurocontrol's Permanent Commission to bring in a 5 per cent differential between net pay at Eurocontrol and net pay in the European Communities. The Tribunal holds that "the objection that there has been no statement of the reasons is unsound: the staff have known all along the reasons for the adjustments, which have been fully discussed in the context of the cases. There was therefore no need to state reasons for the individual decisions [...]. The Tribunal may [not] review the reasons of policy underlying the general decision." Besides, the reasons fall within the ambit of Article 65.

Reference(s)

Organization rules reference: ARTICLE 65 OF THE EUROCONTROL STAFF REGULATIONS

Keywords

duty to substantiate decision; general decision; grounds; individual decision; competence of tribunal; salary; education expenses; adjustment; refund; judicial review; reduction

Consideration 25

Extract:

"According to Articles 62 and 67 of the Staff Regulations, one item of pay is family allowances; they include the education allowance, of which education expenses form a part, and, contrary to what the complainants make out, the fact that such expenses are paid on the strength of supporting evidence does not make the education allowance as a whole any less an item of pay."

Reference(s)

Organization rules reference: ARTICLES 62 AND 67 OF THE EUROCONTROL STAFF REGULATIONS

Keywords

salary; family allowance; education expenses; refund; elements

Dissenting opinion

Extract:

A dissenting opinion by Mr Pierre Pescatore is attached to the judgment.

Keywords

dissenting opinion

Consideration 19

Extract:

Vide Judgment 1123, consideration 8.

Reference(s)

Organization rules reference: ARTICLE 65 OF THE EUROCONTROL STAFF REGULATIONS
ILOAT Judgment(s): 1123

Keywords

grounds; staff regulations and rules; enforcement; analogy; provision; salary; adjustment

Consideration 20

Extract:

Vide Judgment 1123, consideration 5.

Reference(s)

ILOAT Judgment(s): 1123

Keywords

acquired right; practice; law of european communities; enforcement; salary

Consideration 22

Extract:

Vide Judgment 1123, consideration 13.

Reference(s)

ILOAT Judgment(s): 1123

Keywords

competence of tribunal; general principle; good faith; staff regulations and rules; enforcement; terms of appointment; salary; judicial review



 
Last updated: 08.11.2018 ^ top