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Judgment No. 1334

Decision

1. THE IMPUGNED DECISIONS AND THE ARRANGEMENTS REFERRED TO IN CONSIDERATION 31 ARE SET ASIDE, WITH THE CONSEQUENCES SET OUT IN CONSIDERATION 32.
2. THE AGENCY SHALL PAY THE COMPLAINANTS A TOTAL OF 20,000 FRENCH FRANCS IN COSTS.
3. THE INTERVENERS SHALL HAVE THE SAME RIGHTS AS THE COMPLAINANTS INSOFAR AS THEY ARE IN THE SAME POSITION IN LAW AND IN FACT.

Consideration 22

Extract:

"The purpose of the case law [on acquired rights] is to safeguard the substance of the staff's pay and pensions in the event of amendments to the material rules. The supplementary benefits were intended to afford compensation for constraints that at the time were not part of the complainant's ordinary duties." There was no breach of acquired rights.

Keywords

complaint allowed; decision quashed; case law; acquired right; staff regulations and rules; amendment to the rules; compensatory allowance; base salary; pension; discontinuance

Consideration 23

Extract:

"Only benefits that have some basis in law may be protected under the doctrine of acquired rights."

Keywords

complaint allowed; decision quashed; acquired right; condition; safeguard

Consideration 24

Extract:

"As for the Fleming principle, it offers [...] a guide for setting general levels of pay for local staff: it offers no basis for claims about any particular component of such pay."

Keywords

complaint allowed; decision quashed; flemming principle; salary; allowance; local status

Consideration 27

Extract:

"The Tribunal must make it plain that it will not interfere in the Agency's exercise of its discretion to determine the sort of additional duties or constraints that earn special compensation over and above the payment of salary for the performance of normal duties. Nor, if the Agency believes special compensation to be warranted, will the Tribunal, save in obviously anomalous cases, rule on the form such compensation should take or the arrangements for granting it."

Keywords

complaint allowed; decision quashed; proportionality; salary; compensatory allowance; judicial review; discretion; limits

Consideration 29

Extract:

"The Tribunal does not require of the Agency the sort of strict attention to form that might bring its work to a standstill, but will require scrupulous observance of forms and procedures that protect staff interests in any administration that is lawfully managed and subject to proper review."

Keywords

complaint allowed; decision quashed; general principle; due process; organisation's duties; staff member's interest; purport



 
Dernière mise à jour: 13.11.2017 ^ haut