Judgment No. 1403
Decision
1. EUROCONTROL SHALL PAY THE COMPLAINANT INTEREST AT THE RATE OF 10 PER CENT A YEAR ON THE AMOUNTS OF THE ALLOWANCE GRANTED SINCE 1 DECEMBER 1992.
2. IT SHALL PAY HER 5,000 BELGIAN FRANCS IN COSTS.
3. HER OTHER CLAIMS ARE DISMISSED.
Consideration 10
Extract:
"An entitlement that Staff Regulations or Rules provide for need not be stated in the contract of employment."
Keywords
staff regulations and rules; contract; right
Consideration 12
Extract:
Although the rules do not provide for the grant of a so-called typist's allowance for clerical officers, Eurocontrol has on an individual basis and upon application granted it to clerical officers who met certain objective conditions. "So the question at issue is whether Eurocontrol is bound in law by such long-standing practice. As was held in Judgment 421 [...] and again in Judgment 1053 [...] an organisation may be so bound where the practice is one that the staff have come to rely on."
Reference(s)
Jugement(s) TAOIT: 421, 1053
Keywords
case law; organisation's duties; practice; staff regulations and rules; allowance; binding character; criteria
Consideration 12
Extract:
A practice "will be enforceable if it was intended to have a contractual effect, and that is an issue that turns on the circumstances of each case."
Keywords
practice; binding character; condition
Consideration 14
Extract:
Having placed a liberal construction on the applicable rule, Eurocontrol granted certain clerical officers payment of the so-called typist's allowance. This established a practice which remains in force until such time as a decision is taken to amend or abolish it. "Payment of the allowance to the complainant was a matter, not of discretion, but of obligation, and Eurocontrol's delay in discharging it entitles her to interest."
Keywords
delay; interest on damages; organisation's duties; practice; staff regulations and rules; binding character
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