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Judgment No. 4168

Decision

1. The Director Generalís implicit decision to dismiss the complainantís internal complaint of 12 December 2015, as supplemented on 28 January 2016, is set aside.
2. The pay slip of 31 October 2015 and subsequent pay slips are set aside insofar as the multiplication factor was reduced from 1 to 0.9816196, and Eurocontrol shall proceed as indicated in consideration 5 of the judgment.
3. Eurocontrol shall pay the complainant 5,000 euros in costs.

Summary

The complainant challenges the retroactive calculation of his salary after he was promoted.

Judgment keywords

Keywords

complaint allowed; decision quashed; salary; retroactive promotion

Consideration 2

Extract:

The Tribunal considers it regrettable that the complainantís internal complaint was not examined. Firstly, since Article VII, paragraph 1, of the Statute of the Tribunal does not permit the filing of a complaint before the Tribunal unless the complainant has exhausted internal means of redress, officials are entitled to expect that the organisation which employs them will deal with their appeals without requiring them to file a complaint with the Tribunal in order to assert their claims. Secondly, as the Tribunal has often recalled, one of the main justifications for the mandatory nature of an internal appeal procedure is to enable the Tribunal, in the event that a complaint is ultimately filed, to have before it the findings of fact, items of information or assessment resulting from the deliberations of appeal bodies. Appeal bodies play a fundamental role in the resolution of disputes, owing to the guarantees of objectivity derived from their composition and their extensive knowledge of the functioning of the organisation (see Judgments 4072, under 1, and 3424, under 11(b)). In this case, it appears to the Tribunal that the input of an internal appeal body would have been particularly helpful given the highly technical nature of the case.

Reference(s)

ILOAT reference: Article VII, paragraph 1, of the Statute
ILOAT Judgment(s): 3424, 4072

Keywords

internal appeal

Consideration 4

Extract:

Eurocontrol could not retroactively reduce it without breaching the principle of the non-retroactivity of administrative acts (see Judgment 3185, under 7(b)).

Reference(s)

ILOAT Judgment(s): 3185

Keywords

non-retroactivity; administrative decision



 
Last updated: 13.10.2021 ^ top