Judgment No. 1311
1. THE DIRECTOR GENERAL'S DECISION OF 25 MARCH 1993 ON THE COMPLAINANT'S SERVICE INDEMNITY IS SET ASIDE.
2. THE CASE IS SENT BACK TO THE OBSERVATORY FOR A NEW DECISION IN LINE WITH THE ABOVE CONSIDERATIONS.
3. THE COMPLAINANT SHALL BE PAID 2,000 UNITED STATES DOLLARS IN COSTS.
4. HIS OTHER CLAIMS ARE DISMISSED.
5. THE TWO APPLICATIONS TO INTERVENE ARE DISMISSED AS IRRECEIVABLE.
"The hallmark of 'basic salary' is that it takes the form of regular and uniform payments to local staff by virtue of their status as such, according to prescribed scales and at set dates. The 'special allowances' are distinguishable by being due only in particular circumstances that are usually peculiar to each staff member".
allowance; scale; base salary; social benefits; definition
"In determining the amount of basic salary [...] as against the special allowances what counts is sums actually paid in salary, whatever they may be called and whatever method of accounting may be applied." The Tribunal holds that what the ESO regards as "special allowances" form part of "the basic salary that counts in reckoning the service indemnity where [it is] a regular additional item of pay."
reckoning; allowance; terminal entitlements; base salary; definition; elements
"As a rule the conditions of employment of staff are subject exclusively to the ESO's own Staff Regulations and to the general principles of the international civil service: see Judgments 322, under 2; 473, under 2 and 3; and 493, under 5. National laws, and in particular those of the host country, apply only where there is express reference thereto."
Jugement(s) TAOIT: 322, 473, 493
case law; international civil service principles; domestic law; staff regulations and rules; terms of appointment; insurance benefits
The complainant, who reached retirement age, is challenging the amount he received in terminal entitlements. Two former officials, also retirees, have filed applications to intervene. "It appears from the wording of the applications that the interveners' cases were settled once and for all when they left the ESO. Their entitlements are therefore beyond challenge and this judgment may neither reduce nor increase them. The applications fail."
intervention; reckoning; terminal entitlements; retirement; request by a party