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Judgment No. 1514

Decision

THE APPLICATION IS DISMISSED.

Consideration 4

Extract:

In the light of Judgment 1368 "what [CERN] had to do was not just take new decisions untainted with the flaw the Tribunal had found but apply all the other material, procedural and substantive rules, which, having set aside the impugned decisions on the grounds of that flaw alone, the Tribunal had had no need to comment on. So any objections to the lawfulness of the decisions taken in compliance with the duty [set by the Tribunal] have a bearing on the execution of the judgment. And, as is plain from the case law - see, for example Judgments 732 [...] and 1328 [...] - the complainants did not have to go through the internal appeal procedure before coming back to the Tribunal."

Reference(s)

ILOAT Judgment(s): 732, 1328, 1368

Keywords

application for execution; internal remedies exhausted; exception; judgment of the tribunal; execution of judgment; case law; due process; organisation's duties

Consideration 12

Extract:

As first set out in Judgment 986 [...] and reaffirmed in Judgment 1368, "the case law is that international officials may allege breach of an acquired right when there is impairment of an essential and fundamental term of conditions of employment; and that is so even where impairment is gradual and due to an accretion of final decisions which are no longer open to challenge and each of which, taken singly, would not itself have been deemed unlawful."

Reference(s)

ILOAT Judgment(s): 986, 1368

Keywords

cumulative decisions; case law; acquired right; amendment to the rules; breach; terms of appointment; judicial review

Consideration 12

Extract:

"The complainants put their cumulative loss at some 10 per cent of the purchasing power of their pay since 1990 [...] and say it impairs an essential term of employment. A fall in purchasing power below some critical point may indeed be breach of an official's acquired right. But, save where the written rules require the indexing of pay, not every financial setback the official may suffer will amount to such breach." (The Tribunal cites Judgment 832.)

Reference(s)

ILOAT Judgment(s): 832

Keywords

cumulative decisions; case law; acquired right; staff regulations and rules; breach; terms of appointment; salary; adjustment; cost-of-living increase; reduction

Consideration 15

Extract:

As said in Judgments 1329 and 1368 "there is no obligation in law to align with the cost of living or with take-home pay. Though CERN must work out the pay raises fairly and objectively, with due regard to the relevant components, the methodology puts it under no obligation to match pay rises to trends in the cost of living in Geneva. That would be tantamount to indexing, and the rules do not require it."

Reference(s)

ILOAT Judgment(s): 1329, 1368

Keywords

case law; organisation's duties; staff regulations and rules; reckoning; salary; adjustment; cost-of-living increase; binding character



 
Last updated: 10.11.2014 ^ top