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Judgment No. 615

Decision

1. THE IMPUGNED DECISIONS ARE SET ASIDE INSOFAR AS THEY DEDUCT FROM THE COMPLAINANTS' SALARIES ON ACCOUNT OF THE STRIKES SUMS IN EXCESS OF THOSE AUTHORISED UNDER ARTICLE 65 OF THE SERVICE REGULATIONS.
2. THE COMPLAINANTS ARE REFERRED BACK TO THE EPO FOR CALCULATION OF THE SUMS TO BE REFUNDED.
3. THE COMPLAINANTS SHALL BE PAID INTEREST AT 10 PER CENT A YEAR ON THE SUMS WRONGFULLY WITHHELD WITH EFFECT FROM THE DATE OF PAYMENT OF EACH CORRESPONDING MONTHLY SALARY UP TO THE DATE OF REPAYMENT.
4. THE INTERVENERS ARE REFERRED BACK TO THE EPO FOR A DECISION IN ACCORDANCE WITH PARAGRAPH 11 ABOVE.
5. EACH COMPLAINANT IS AWARDED 1,000 DEUTSCHMARKS AS COSTS.

Summary

Extract:

as a matter of principle, a strike is lawful; it follows that the consequences of a strike are covered by staff regulations insofar as these are not are incompatible with the work stoppage. in this case, the regulation on salary deductions due to absence is applicable, and the organisation is invited to comply with it.

Reference(s)

Organization rules reference: ARTICLE 65 OF THE EPO SERVICE REGULATIONS

Keywords

complaint allowed; decision quashed; case sent back to organisation; staff regulations and rules; enforcement; analogy; provision; salary; deduction; right to strike; strike

Consideration 3

Extract:

"the complainants observe that they were chairman and vice-chairman of the staff union and in their brief they claim as such an award of damages. the [organisation] retorts that insofar as they are appealing as such their complaints are irreceivable [...] the tribunal will not rule on the plea. what the complainants seek is repayment of the sums they believe were unlawfully deducted from their salary as staff members, and they are therefore acting in their own name."

Keywords

locus standi; receivability of the complaint; salary; deduction; staff union; staff representative

Consideration 8

Extract:

"a dispute over the calculation of deductions to be made in the event of a strike is not tantamount to impediment of the right to strike. there will be such impediment only where some act is committed that is of such gravity as to disturb the proper balance between the rights and duties of the parties."

Keywords

reckoning; salary; deduction; right to strike; strike

Consideration 4

Extract:

"it is common ground between the parties that a staff member who goes on strike is not entitled to payment for the period during which he has ceased to work. this is a corollary of the principle which says that remuneration is due only for services rendered."

Keywords

salary; deduction; entitlement for service rendered; strike



 
Last updated: 10.03.2014 ^ top