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Judgment No. 751

Decision

THE COMPLAINT IS DISMISSED.

Consideration 2

Extract:

"It is [...] immaterial that the Committee did not comment on the figures in the new salary scales. [...] In this instance what 'concerns the whole or part of the staff' is the rules for calculating the salaries of staff categories, not the actual amounts individual staff members will be paid".

Keywords

advisory body; organisation's duties; staff regulations and rules; amendment to the rules; enforcement; provision; reckoning; salary; scale; consultation; advisory opinion

Consideration 3

Extract:

"The plea that no reasons were given for the impugned decision is also unsound. There can be no obligation whatever on the EPO to state its reasons for introducing scales approved by the Council. Such a decision finds its justification quite simply in the administration's position of subordination to the Council."

Keywords

decision; duty to substantiate decision; general decision; administrative instruction; amendment to the rules; enforcement; provision; salary; scale; executive body

Consideration 5

Extract:

"An international official has an acquired right to the continuance of such terms of employment as determined him to accept employment with the organisation. The terms of his employment may be altered as the interests of efficiency may require, but only provided that those which originally led him to conclude the contract are not disrupted."

Keywords

acquired right; terms of appointment; definition

Consideration 5

Extract:

"Not only may the new method of adjusting salary bring about no reduction in salary but the wage 'restraint' may not be more than 1 per cent a year for B staff and o,5 for C staff. The purpose being merely to check increases in pay without lowering basic salary, there was no alteration of the terms of employment such as to infringe any acquired right."

Keywords

acquired right; amendment to the rules; terms of appointment; salary; adjustment; base salary; reduction



 
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