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Judgment No. 1369

Decision

THE COMPLAINTS, THE APPLICATIONS TO INTERVENE AND EUROCONTROL'S CLAIM ABOUT COSTS ARE DISMISSED.

Consideration 15

Extract:

"The Tribunal must enforce the law within the full ambit of the competence its Statute vests in it. For that purpose it will apply any material rule of law, be it international or administrative or labour law or any other body of law. The only sort it will not apply is national law, save where there is express renvoi thereto in the Staff Regulations or contract of employment: see Judgment 1311 [...], under 15."

Reference(s)

ILOAT Judgment(s): 1311

Keywords

competence of tribunal; exception; applicable law; case law; international civil service principles; law of contract; written rule; domestic law; iloat statute; international instrument; staff regulations and rules; contract; right

Consideration 16

Extract:

Eurocontrol questions whether a complainant may rely on a collective agreement between an organisation and its staff. "It is a truth universally acknowledged that the collective agreement is a basic vehicle of social progress, justice and peace. That that is so is due to the International Labour Organization, among others, and to its international instruments such as the right to organise and collective bargaining convention, 1949 (No. 98), and the labour relations (public service) convention, 1978 (No. 151)."

Reference(s)

ILOAT Judgment(s): 1311

Keywords

competence of tribunal; applicable law; written rule; working conditions; collective rights; collective bargaining; staff union agreement

Consideration 16

Extract:

An international organisation is "free to choose whatever methods or means it likes - be they formal rules or contracts of employment - to define the terms of appointment of staff. But any collective agreement it does conclude becomes part of the law of the international civil service. Signing such an agreement puts it under obligations in law; a member of its staff may plead such obligations in a complaint to the Tribunal; and the Tribunal will review compliance with the letter and spirit of the agreement."

Keywords

right of appeal; international civil service principles; organisation's duties; written rule; working conditions; collective rights; staff union agreement; judicial review; organisation's interest; right

Consideration 18

Extract:

"A collective agreement, even though concluded with staff associations acknowledged to be representative, does not divest the staff member of the safeguards he enjoys under the Staff Regulations. By the same token there is nothing to keep him from relying on a collective agreement even if, not being a member of a staff association, he is not himself privy to it. Such indeed are consequences that flow from freedom of association and the principle of equal treatment."

Keywords

right of appeal; equal treatment; staff member's interest; staff regulations and rules; collective rights; staff union; staff union agreement; freedom of association; safeguard

Consideration 26

Extract:

Eurocontrol "has consistently maintained that its following the [European] Communities does not impair its administrative autonomy or its right to set pay according to its own needs. So, although it eventually put an end to discrepancies that had proved rather awkward than helpful, that does not at all mean that alignment with pay in the communities must be immediate and complete."

Keywords

law of european communities; salary; limits; organisation's interest; binding character

Consideration 28

Extract:

"The duty to explain a decision is a general principle of administrative law: the decision-maker must at least give such statement of the reasons for the decision that anyone it affects may defend his rights and the Tribunal may rule on any case before it. But the content of the duty will vary with the nature of the decision."

Keywords

duty to substantiate decision; right of appeal; general principle; right to reply; judicial review; purport; motivation

Consideration 30

Extract:

Ever since Eurocontrol signed an agreement with the union "the staff have had access through their representatives to the relevant information and have been able to look at proposals in close cooperation with management and in keeping with the procedure for consultation. The organisation was therefore not required to state again reasons which it had already revealed in the consultations."

Keywords

procedure before the tribunal; duty to substantiate decision; duty to inform; staff union; collective bargaining; staff union agreement; consultation; limits

Consideration 31

Extract:

"The duty to explain a decision differs in content when an organisation takes over as a whole the decisions on pay that another one - in this instance the [European] Communities - has already adopted. [...] So on falling into line with the Communities Eurocontrol had no further obligation to give an explanation especially since it was the staff themselves who had been demanding alignment."

Keywords

duty to substantiate decision; staff member's interest; law of european communities; rule of another organisation; salary; limits; organisation's interest



 
Last updated: 02.09.2020 ^ top