Judgment No. 4395
The complaint is dismissed.
The complainant challenges the amount of compensation awarded to him for the cessation of his shift work activities following a reorganisation.
working hours; compensation; complaint dismissed
[The complainant] objected to the conditions proposed during the course of the settlement negotiations, which had ensued to mitigate the adverse financial impact on him of the termination of his shift work. The proposed conditions were that he should commit to keep the terms of the settlement confidential and not to challenge the final agreement by way of an internal appeal.
The foregoing contentions are unfounded. In the first place, the subject conditions are usual in negotiated settlement agreements, and, as the Tribunal stated in Judgment 3867, consideration 5, it is entirely acceptable for an official to waive a right to appeal or to file a complaint in return for the benefits gained from a settlement (see also Judgment 4161, consideration 11).
ILOAT Judgment(s): 3867, 4161
waiver of right of appeal; settlement agreement
The Appeals Committee had referred to the principle stated by the Tribunal in Judgment 3373, considerations 8 and 9, that while an international organization necessarily has the power to restructure its departments, including by the redeployment of staff, when the new work arrangements have a direct financial impact on the affected official, an organization has to ensure, in accordance with the duty of care owed to its staff, that the implementation of the arrangements does not place the affected official in financial difficulty. If it does, an indemnity ex aequo et bono will enable the affected official to adjust to his changed financial circumstances (Judgment 3373, consideration 11). The Appeals Committee correctly stated that the EPO’s obligation to compensate the complainant arose with the cessation of his shift work as of 1 January 2014.
ILOAT Judgment(s): 3373
The Tribunal finds that the compensation which the complainant received is consistent with the requirements which the Tribunal provided in Judgment 3373, consideration 11, for calculating ex aequo et bono the amount of his entitlement for the cessation of his shift work and that the EPO thereby adequately compensated him therefor. It had also thereby met the duty of care owed to the complainant for the adverse financial impact caused by its decision to end shift work.
ILOAT Judgment(s): 3373