Judgment No. 632
1. THE ORGANIZATION SHALL PAY THE COMPLAINANT THE DIFFERENCE BETWEEN ND.7 AND ND.X OVERTIME RATES FOR OVERTIME PERFORMED BETWEEN 1 JUNE AND 31 DECEMBER 1980.
2. ALL THE OTHER CLAIMS OF THE COMPLAINANT ARE DISMISSED.
The applicable provision requires compensatory leave to be taken within two months of the date of accrual. "Indeed it is difficult to see how leave can be compensatory if it is taken at a time far remote from the period when the overtime was performed. [...] The complainant has retired from the [organization] and it is not now possible to grant compensatory leave to him. [...] The only solution is for the WHO to pay the complainant the difference in overtime rates".
time limit; separation from service; retirement; compensatory leave; overtime; payment