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Judgment No. 3691

Decision

1. The impugned decisions regarding payslips for the months of November and December 2006, and January 2007, to the extent that they exceeded the one-thirtieth rate of reduction for employees working at 80 per cent part-time, are set aside.
2. The EPO shall reimburse each of the complainants and interveners working 80 per cent part-time the amount exceeding the one-thirtieth rate of reduction for each day of strike plus interest at 5 per cent per annum from the date of reduction to the date of payment for the months of November and December 2006, and January 2007.
3. The EPO shall pay 2,000 euros in moral damages to the complainants (and interveners) who worked 80 per cent part-time, for the unlawful deductions of part of their remuneration and for the egregious delay in the internal appeal proceedings.
4. The EPO shall also pay each complainant who worked 80 per cent part-time costs in the amount of 1,000 euros.
5. The EPO shall pay each complainant (and interveners) who worked full-time moral damages in the amount of 800 euros for the egregious delay in the internal appeal proceedings.
6. The EPO shall pay each complainant who worked full-time costs in the amount of 400 euros.
7. All other claims are dismissed.
8. The withdrawal of suit by seven interveners is hereby recorded.

Summary

The complainants challenge the salary deductions made following their participation in strikes.

Judgment keywords

Keywords

complaint allowed; joinder; decision quashed; strike

Consideration 5

Extract:

As the ten complaints raise the same or similar issues, impugning two nearly identical decisions endorsing the same IAC opinion [...] resulting from the test appeals, the Tribunal finds it convenient that they be joined and addressed in a single decision.

Keywords

joinder

Consideration 6

Extract:

[T]he complainants claim that the salary deductions, made as a consequence of their participation in the strikes, were not made in good faith and should be reimbursed as the strikes were rendered pointless by the unlawfulness of the decision. This claim is unfounded. The salary deductions were the necessary consequence of the complainants’ participation in the strikes in accordance with the principle of payment for services rendered. The reasons for the strikes and the complainants’ individual decisions to participate in the strikes are irrelevant. The deductions “merely give effect to a general rule, lawfully applied in the Organisation, which does not allow remuneration to be paid for services not rendered” (see Judgment 2516, consideration 6).

Reference(s)

ILOAT Judgment(s): 2516

Keywords

salary; deduction; strike

Consideration 7

Extract:

[I]t should be noted that a pending internal appeal does not suspend the decision in question and, regardless of the
outcome of the appeal, the opinion of the IAC is not binding and the President retains the right to take a final decision on the matter as she or he sees fit. The mere fact that the final decision [...] may be unlawful does not mean that the decision was arbitrary.

Keywords

final decision

Consideration 8

Extract:

Employees on strike must be considered to be in service with regard to social security coverage and the days of strike are counted as regular days with regard to the accumulation of pension.

Keywords

salary; deduction; strike

Consideration 9

Extract:

[P]ublication is not a requirement for the lawfulness of acts of delegation unless otherwise provided by the relevant rules. It is enough that the delegation be declared and, when a complainant calls for proof that power has in fact been delegated to a specific person, it is a matter for the organisation to produce such proof (see Judgment 2028, consideration 8(3)).

Reference(s)

ILOAT Judgment(s): 2028

Keywords

delegated authority

Consideration 12

Extract:

[A]s noted in the Tribunal’s case law, it is impractical for complainants to submit specific claims (in their appeals) against delays in the internal appeal procedure as they cannot know when the procedure will finish (see Judgments 2744, consideration 6, and 3429, consideration 4).

Reference(s)

ILOAT Judgment(s): 2744, 3429

Keywords

moral injury; delay



 
Last updated: 24.06.2020 ^ top