Judgment No. 1122
THE COMPLAINTS AND THE APPLICATIONS TO INTERVENE ARE DISMISSED.
"The complaints are challenging pay slips [reflecting the so-called 'Eurocontrol reduction'], of which the latest date back to September 1989, and they were filed on 27 August 1990, long after the time limits had expired." They are irreceivable.
complaint; receivability of the complaint; time limit; time bar; salary; payslip; adjustment; reduction of salary
The complainants want the Tribunal to set aside all the decisions that applied the "Eurocontrol reduction" to their salaries after 12 November 1987. To avoid the time bar, they rely on the emergence of a new fact, namely Judgment 1012, which quashed the decision to lower pay by 0.7 per cent before that date. "That judgment is final and has the authority of res judicata, including the ruling in it that certain claims are irreceivable. On no account may it be treated as a new fact setting off a new time limit for filing a complaint."
ILOAT Judgment(s): 1012
complaint; new fact on which the party was unable to rely in the original proceedings; receivability of the complaint; res judicata; exception; new time limit; time bar; judgment of the tribunal; salary; adjustment; reduction of salary