Judgment No. 616
1. THE IMPUGNED DECISION IS SET ASIDE INSOFAR AS IT DEDUCTS FROM THE COMPLAINANT'S SALARY ON ACCOUNT OF THE STRIKES SUMS IN EXCESS OF THOSE AUTHORISED UNDER ARTICLE 65 OF THE SERVICE REGULATIONS.
2. THE COMPLAINANT IS REFERRED BACK TO THE EPO FOR CALCULATION OF THE SUMS TO BE REFUNDED.
3. THE COMPLAINANT SHALL BE PAID INTEREST AT 10 PER CENT A YEAR ON THE SUMS WRONGLY WITHHELD WITH EFFECT FROM THE DATE OF PAYMENT OF EACH CORRESPONDING MONTHLY SALARY UP TO THE DATE OF REPAYMENT.
4. THE COMPLAINANT IS AWARDED 1,000 DM AS COSTS.
5. HIS OTHER CLAIMS ARE DISMISSED.
"When there is a strike and someone stays at home instead of going to work it would, to say the least, be an oddity to treat him as not having gone on strike on his mere assertion that he was at his supervisor's disposal."
"The stoppages were declared by the [Union], which called on the staff not to work: there was a strike in the technical meaning of the term. Even on the unproven assumption that the administration were not altogether opposed to the protest and indeed incited it, the nature of what happened would still be the same in law. A lockout presupposes a direct instruction or some other form of action by the competent authority to stop the staff from being at work".
strike; lockout; condition
"Any concerted work stoppage amounts to a strike. Labour law does acknowledge other forms of collective stoppage, brought about by the employer. In a dispute with staff the employer may, for example, close down the workplace in a lockout or declare compulsory unemployment for a short while to get through a spell of financial stringency. But such tactics are unknown in international organisations."