Judgment No. 3339
Decision
1. The Registrar’s decisions of 4 April 2011 and 22 November 2011 are set aside.
2. The ICC shall pay the complainant on a pro-rata basis for the 370 hours of additional work which was done outside his regular 50 per cent working schedule, together with interest at the rate of 5 per cent per annum from due dates to the date of final payment.
3. It shall pay a proportional contribution to the complainant’s UNJSPF account, as provided for in the UNJSPF rules.
4. It shall also pay him costs in the amount of 1,200 euros.
5. All other claims are dismissed.
Summary
Employed on a part-time basis, the complainant seeks the payment of the additional hours he had been exceptionally required to work.
Judgment keywords
Keywords
complaint allowed; decision quashed; part-time employment; overtime
Consideration 3
Extract:
"[T]he principle of lex specialis derogat generali [...] cannot be applied to laws which [...] are not at the same level of hierarchy."
Keywords
general principle; precedence of rules
Consideration 5
Extract:
"As far as the label “regular duties” is concerned, the Tribunal considers that the term refers simply to duties which are assigned in line with the employee’s job description and which can be fulfilled within the regular working schedule. Any additional work requested and/or required outside that schedule is to be considered “exceptional”."
Keywords
staff member's duties
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