Judgment No. 1996
Decision
1. THE IMPUGNED DECISION IS SET ASIDE.
2. THE CASES ARE SENT BACK TO THE OBSERVATORY FOR RECALCULATION OF THE ADJUSTMENT OF THE COMPLAINANTS' REMUNERATION FOR 1997 IN ACCORDANCE WITH ARTICLE R IV 1.01 OF THE STAFF REGULATIONS AND IN THE LIGHT OF THIS JUDGMENT.
3. THE ESO SHALL PAY THE COMPLAINANTS AN OVERALL AMOUNT OF 15,000 FRENCH FRANCS IN COSTS.
Considerations 6-7
Extract:
"In Judgment 1821 the Tribunal recalled that where a methodology refers to an external standard but grants discretion to the governing body to depart from that standard, the organisation has a duty to state proper reasons for such departure (see Judgment 1682 [...]). [...] However, departure from the index given as an orientation in the Staff Regulations requires more than just a statement of proper reasons. In order to protect staff against arbitrariness, the criteria relied on to deviate from the orientation suggested by the external index must be objective, adequate and known to the staff (see Judgment 1912, under 15)."
Reference(s)
Jugement(s) TAOIT: 1682, 1821, 1912
Keywords
duty to substantiate decision; burden of proof; rule of another organisation; staff regulations and rules; amendment to the rules; breach; interpretation; criteria
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