Judgment No. 460
Decision
1. The EPO's decision reducing, after promotion, the complainant's total net remuneration as interpreted above is quashed.
2. The case is remitted to the President of the EPO to enable him to make such special arrangements as may be appropriate to ensure that the complainant's total net remuneration is not lower than the sums he was receiving before promotion.
3. The complainant is awarded 500 guilders as costs.
Consideration 9
Extract:
"The duty allowance is a temporary one. The staff member who receives it knows that he will continue to do so only as long as he is performing duties pertaining to a higher grade. If [...] he is assigned the duties of a higher grade because of promotion, there are no grounds for payment of the duty allowance".
Keywords
promotion; special post allowance; consequence
Consideration 10
Extract:
"The complainant has been receiving since the date of his promotion lower remuneration than before. This anomaly is unacceptable. It is quite unfair to reduce remuneration when responsibility is increased."
Keywords
promotion; salary; consequence; reduction of salary
Consideration 9
Extract:
"[Benefits and allowances] appear to fall into two groups: a) benefits and allowances which are permanent or at least payable over a fairly lengthy period, such as the residence allowance, allowance for dependants, education benefit, expatriation allowance and language allowance; b) temporary benefits and allowances, payable for a limited period, such as the installation benefit, overtime pay [...] and pay for shift work".
Keywords
period; allowance; difference
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