Judgment No. 2057
Decision
1. THE CHALLENGED DECISIONS ARE SET ASIDE.
2. THE CASE IS SENT BACK TO THE LABORATORY FOR NEW DECISIONS IN ACCORDANCE WITH CONSIDERATION 11.
3. THE LABORATORY SHALL PAY THE COMPLAINANTS A TOTAL OF 4,000 EUROS IN COSTS.
4. THEIR OTHER CLAIMS ARE DISMISSED.
Consideration 8
Extract:
"As the Tribunal found in Judgment 1682, confirming the precedent in Judgment 1329 [...], a line of argument cannot be entertained that would allow appeals to lie sine die against past decisions in a matter as delicate as the setting and periodic adjustment of staff pay."
Reference(s)
ILOAT Judgment(s): 1329, 1682
Keywords
decision; receivability of the complaint; case law; period; salary; scale; adjustment
Consideration 9
Extract:
Following Judgments 1682 and 1887, adjustments of the 1995-1996 salary scales have been retroactively raised. The organisation paid the difference in salary but did not adjust the salary scales for the following years (those salary scales had been calculated based on the old 1995-1996 salary scales). The Tribunal states that "the [organisation]'s retroactive reconstitution of the adjustments had the paradoxical effect of limiting the application of the [...] staff's improved salary scales to a single year, and of reducing their salary levels [...] after [...] 1996. The result is an impairment of rights: staff are entitled to expect that any adjustments to their pay will be made on the basis of the salary scales which were established lawfully for the period preceding the adjustment."
Reference(s)
ILOAT Judgment(s): 1682, 1887
Keywords
salary; accumulation; scale; adjustment; date; effect; increase; purport; right; official
Judgment keywords
Keywords
complaint allowed; decision quashed; case sent back to organisation; salary; adjustment; plenary judgment; en banc review
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