Judgment No. 1368
Decision
1. THE INDIVIDUAL DECISIONS IN THE COMPLAINANTS' PAY SLIPS FOR JANUARY 1993 AND THE DIRECTOR-GENERAL'S DECISIONS OF 26 MARCH 1993 TO UPHOLD THEM ARE SET ASIDE.
2. THE CASE IS SENT BACK TO THE ORGANIZATION FOR THE SETTING OF THE COMPLAINANTS' PAY FOR JANUARY 1993 ON THE STRENGTH OF LAWFULLY DETERMINED SCALES.
3. CERN SHALL PAY THE COMPLAINANTS THE SINGLE SUM OF 15,000 FRENCH FRANCS IN COSTS.
4. THEIR OTHER CLAIMS ARE DISMISSED.
Consideration 8
Extract:
"The plea of breach of acquired rights is receivable and in ruling on it the Tribunal may take into account any issues of fact it deems material." Citing Judgment 986 [...], the Tribunal holds that "an employee may properly plead a decline in his situation tantamount to impairment of the essential and fundamental terms of his employment, even if the decline has been gradual and due to an accumulation of decisions which are no longer open to challenge and none of which, taken singly, would have been declared unlawful."
Reference(s)
ILOAT Judgment(s): 986
Keywords
cumulative decisions; receivability of the complaint; case law; acquired right; amendment to the rules; breach; terms of appointment; judicial review; flaw
Consideration 11
Extract:
"For the reasons given in Judgment 1329, under 6, the complainants may not directly seek the quashing of the Council's decision [...]. They may, however, challenge the individual decisions in their pay slips [...] by pleading the unlawfulness of the [Council's decision] and the infringement of any acquired rights they lay claim to under rules or contract."
Reference(s)
ILOAT Judgment(s): 1329
Keywords
general decision; individual decision; receivability of the complaint; acquired right; staff regulations and rules; breach; contract; payslip; application for quashing
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