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Judgment No. 3696

Decision

1. The impugned decision of 19 October 2011 is set aside, as is the earlier decision of 29 December 2006.
2. The EPO shall re-calculate the complainantís reckonable previous experience, under Section I(3) of the Circular, from 1 September 2005, the date on which she joined the EPO, with all consequential salary adjustments.
3. The EPO shall pay interest on any outstanding sum by which the complainantís salary may be re-adjusted, under point 2 above, at the rate of 5 per cent per annum from due dates until the date of final payment.
4. The EPO shall also pay the complainant 1,000 euros in moral damages, in addition to the 500 euros that it has already agreed to pay her.
5. The EPO shall also pay to the complainant costs in the amount of 750 euros.
6. All other claims are dismissed.

Summary

The complainant contests the calculation of her reckonable previous experience upon recruitment.

Judgment keywords

Keywords

complaint allowed; decision quashed; professional experience

Consideration 4

Extract:

[I]t would be helpful [...] to recall the basic principles of interpretation as stated by the Tribunal. Those
principles state that the words of a provision are to be interpreted in good faith giving them their ordinary and natural meaning in their context. Where the language of the text is clear and unambiguous, the words must be given effect without looking outside of the text to determine the meaning. Texts which are ambiguous are to be construed in favour of the staff member.

Keywords

interpretation



 
Last updated: 02.06.2020 ^ top