Judgment No. 4306
The complaints are dismissed.
The complainant challenges the effective date which has been set for the retroactive reclassification of her post and the undue delay in the reclassification procedure.
post classification; complaint dismissed
Inasmuch as [the] complaints arise from the same background; raise issues which are intricately entwined; are the subject of identical briefs and rejoinders and a single reply and surrejoinder, and impugn decisions contained in the same letter [...], they are joined and the Tribunal will rule on them in a single judgment.
Noting the complainant’s reliance on the principle of equal pay for work of equal value, the Tribunal recalls its case law which states, in consideration 22 of Judgment 2314, for example, that the principle of equality directs equal pay for work of equal value and that an employer is not absolved from the requirement to ensure equal treatment and equal pay for work of equal value merely because an employee has the right to seek reclassification of her or his post.
Jugement(s) TAOIT: 2314
equal pay for equal work
[The complainant] provides no evidence of emotional distress or of any other injury or loss suffered. The case law, for example in consideration 5 of Judgment 4156, requires a complainant to provide evidence of the injury suffered as a result of alleged unlawful acts. In the premises, the Tribunal finds that the complainant is not entitled to an award of moral damages [...].
Jugement(s) TAOIT: 4156
moral injury; burden of proof