Judgment No. 481
Decision
THE COMPLAINT IS DISMISSED.
Consideration 3
Extract:
It appears from the applicable provisions that "the monthly salary is 1/12 of the yearly salary, and the daily salary 1/360 of the yearly and 1/30 of the monthly salary. The complainant was on unauthorised leave for two hours, i.e. for one quarter of a normal working day. It was therefore right to deduct a sum corresponding to 1/120 of her monthly salary."
Keywords
amount; proportionality; salary; deduction; entitlement for service rendered; unauthorised absence
Consideration 1
Extract:
Under the Staff Rules, any unauthorised and unjustified absence from duty shall be charged to special leave without pay. "It is for the administration to determine whether or not an official needs permission to be absent from duty and whether to authorise participation in a staff demonstration during working hours." By warning the association that participation in the demonstration set for the next day [to secure recognition of the association] would be treated as unauthorised and unjustified, the Director-General kept within the bounds of his authority.
Keywords
staff regulations and rules; enforcement; provision; unauthorised absence; special leave; unpaid leave; staff union; staff union activity; time off; discretion
Consideration 2
Extract:
"The complainant argues that the Director of her division was not competent to order the deduction from her salary, since such a decision falls to the Director-General [...]. She fails, however, to prove any such abuse of authority. Moreover, the Director of her division merely carried out the instructions given [...] by the assistant Director-General."
Keywords
competence; salary; deduction; unauthorised absence; decision-maker
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