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You searched for:
Keywords: Salary
Total judgments found: 233
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Judgment 737
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The EPO Service Regulations provide for the grant of a language allowance to employees in grades B.1 and B.2. 'Promotion compensation' may be applied to officials in grade B.3 to ensure that they do not suffer a loss of total net remuneration.
Keywords:
compensatory allowance; compensatory measure; discontinuance; language allowance; promotion; reduction of salary; salary;
Judgment 726
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainants are impugning the decision by the Administrative Council of the EPO to impose a temporary levy of 1.5 per cent on staff members' salaries. The Tribunal holds that the Council's decision falls within the scope of its powers. Inasmuch as the levy is temporary and very small and there is a guarantee of nominal basic salary, the Tribunal concludes that there was no breach of the complainants' acquired rights.
Keywords:
acquired right; competence; decision; decision-maker; deduction; executive body; general decision; judicial review; reduction of salary; salary; tax;
Consideration 19
Extract:
"It is because of the terms on which the levy is at present being imposed that the Tribunal deems it not to disrupt the structure of the contract and amount to breach of an acquired right. But should any feature of the levy - particularly its duration - be so altered as to make the arrangements substantially different, that would be a new fact and the Tribunal would wish to reconsider if the matter came before it again."
Keywords:
acquired right; judgment of the tribunal; new fact on which the party was unable to rely in the original proceedings; reduction of salary; salary;
Judgment 615
53rd Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
As a matter of principle, a strike is lawful; it follows that the consequences of a strike are covered by the Staff Regulations insofar as these are not are incompatible with the work stoppage. In this case, the regulation on salary deductions due to absence is applicable, and the organisation is invited to comply with it.
Reference(s)
Organization rules reference: ARTICLE 65 OF THE EPO SERVICE REGULATIONS
Keywords:
analogy; deduction; enforcement; provision; right to strike; salary; staff regulations and rules; strike;
Consideration 3
Extract:
"The complainants observe that they were Chairman and Vice-chairman of the staff union and in their brief they claim as such an award of damages. The [organisation] retorts that insofar as they are appealing as such their complaints are irreceivable [...] the Tribunal will not rule on the plea. What the complainants seek is repayment of the sums they believe were unlawfully deducted from their salary as staff members, and they are therefore acting in their own name."
Keywords:
deduction; locus standi; receivability of the complaint; salary; staff representative; staff union;
Consideration 8
Extract:
"A dispute over the calculation of deductions to be made in the event of a strike is not tantamount to impediment of the right to strike. There will be such impediment only where some act is committed that is of such gravity as to disturb the proper balance between the rights and duties of the parties."
Keywords:
deduction; reckoning; right to strike; salary; strike;
Consideration 4
Extract:
"It is common ground between the parties that a staff member who goes on strike is not entitled to payment for the period during which he has ceased to work. This is a corollary of the principle which says that remuneration is due only for services rendered."
Keywords:
deduction; entitlement for service rendered; right to strike; salary; strike;
Judgment 608
52nd Session, 1984
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
There is a regulation which provides for the Director-General to determine the frequency of salary adjustments on the basis of variation in the rate of inflation. The Director-General chose not to exercise his discretion. "He must have proceeded upon the erroneous assumption that he was under no obligation to make any adjustment at all and so could do what he liked about the frequency." The Tribunal quashes the decision, which rests on an error of law and remits the case to the Director-General for a "new decision based on the correct interpretation" of the regulation.
Keywords:
adjustment; cost-of-living increase; discretion; enforcement; interpretation; organisation's duties; provision; salary; staff regulations and rules;
Consideration 3
Extract:
"As to its nature, a regulation designed to give protection against inflation is aimed at fixing the amount of the salary in real terms. [...] It is unlikely [...] that [such a regulation] would be framed in a manner which would permit the employer to reduce the wage if the index fell, while not requiring him to increase the wage if the index rose. Economically it was doubtless unlikely [in the country and at the time being considered] that the index would fall, but a document settling the terms of a legal relationship must provide for the unlikely as well as for the likely event."
Keywords:
adjustment; cost-of-living increase; salary;
Judgment 566
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"As a matter of principle a strike is lawful. It does not break the contract of employment or the administrative link between an organisation and its staff. The employee continues to be a member of the staff and the only provisions of the Staff Regulations to be suspended are those which are incompatible with the work stoppage. Salary is withheld by virtue of a provision in the Regulations, the requirement of payment for services rendered, and any provision which is not incompatible with the existence of a strike remains in force."
Keywords:
consequence; contract; entitlement for service rendered; right to strike; salary; strike;
Consideration 5
Extract:
"Even where a strike is not an abuse of right an organisation would of course be entitled to make special rules on salary deductions different from the rules on absence from duty for other reasons. But such rules must be incorporated into the Staff Regulations in accordance with the prescribed procedure [...] The executive head is not competent to adopt such rules, let alone such rules which are retroactive."
Keywords:
applicable law; deduction; no provision; non-retroactivity; right to strike; salary; staff regulations and rules; strike;
Consideration 3
Extract:
"The parties are agreed that a staff member who goes on strike is not entitled to payment for the period during which he has ceased to work. This is a corollary of the principle which says that remuneration is due only for services rendered. The sole point in dispute is the method of calculating the deduction."
Keywords:
deduction; entitlement for service rendered; reckoning; right to strike; salary; strike;
Consideration 5
Extract:
Following strike action, an administration decision led to a circular explaining that salary deductions would be calculated using a method different from that set out in the Service Regulations. "The executive head is not competent to adopt such rules [...] To accept the [organisation's] submissions would be to allow the imposition of a covert disciplinary sanction. The [...] staff exercised an acknowledged right and did not commit any misconduct." The deductions were calculated unlawfully and should be invalidated.
Reference(s)
Organization rules reference: ARTICLE 65 OF THE EPO SERVICE REGULATIONS
Keywords:
breach; deduction; hidden disciplinary measure; organisation's duties; provision; reckoning; right to strike; salary; staff regulations and rules; strike;
Judgment 538
49th Session, 1982
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The complainant is entitled under Judgment No 359 to payment of compensation amounting to one year's salary. He was paid by the month, not at the end of the year. To place him in the position the Tribunal intended, the sum due should therefore be calculated monthly [...]. The complainant is therefore right to ask to have the sums converted at the rates prevailing at the dates at which each monthly payment would have fallen due, not at the date when the full payment is made."
Reference(s)
ILOAT Judgment(s): 359
Keywords:
application for interpretation; exchange rate; reckoning; salary;
Judgment 507
48th Session, 1982
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The complainants say that as a result of collective bargaining a salary study is made annually and followed by a general improvement in the salary levels. They do not, however, allege that there is any contractual obligation on the organisation to increase salaries in this way. The organisation agrees that, if any improvement is made, it must be paid to all, including the complainants, in the same position. The compensation payable to the complainants for their wrongful dismissal should be assessed accordingly."
Keywords:
adjustment; amount; elements; salary; termination of employment;
Judgment 498
48th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The Tribunal will [...] observe that the principle of equality is applicable only between officials in the same circumstances". In the instant case an official in the professional category wished to benefit from provisions concerning the grant of a family allowance applicable only to the general service category.
Keywords:
allowance; equal treatment; family allowance; general service category; professional category; salary;
Consideration 1
Extract:
"G staff are recruited largely [in the headquarters country or nearby]. It is therefore only right that as an incentive to recruitment their pay, including family allowances, should be in line with pay scales in [the headquarters country]. Officials in other categories, however, may come from and be required to serve anywhere in the world. For them [...] the [organisation] takes as its standard of comparison the best-paid national civil service." The allegation of unlawful discrimination fails.
Keywords:
criteria; equal treatment; general service category; noblemaire principle; professional category; salary; scale;
Judgment 481
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The complainant argues that the Director of her division was not competent to order the deduction from her salary, since such a decision falls to the Director-General [...]. She fails, however, to prove any such abuse of authority. Moreover, the Director of her division merely carried out the instructions given [...] by the assistant Director-General."
Keywords:
competence; decision-maker; deduction; salary; unauthorised absence;
Consideration 3
Extract:
It appears from the applicable provisions that "the monthly salary is 1/12 of the yearly salary, and the daily salary 1/360 of the yearly and 1/30 of the monthly salary. The complainant was on unauthorised leave for two hours, i.e. for one quarter of a normal working day. It was therefore right to deduct a sum corresponding to 1/120 of her monthly salary."
Keywords:
amount; deduction; entitlement for service rendered; proportionality; salary; unauthorised absence;
Judgment 480
47th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"As the Tribunal has said [...] in Judgment No. 431, the compensation generally awarded [upon non-renewal of contract] is less than the remuneration which the complainant would have received had he been reinstated. This is because he is not necessarily deprived of all means of livelihood."
Reference(s)
ILOAT Judgment(s): 427, 431
Keywords:
amount; application for execution; contract; fixed-term; material damages; non-renewal of contract; reckoning; salary;
Consideration 2
Extract:
"The complainant has not provided any satisfactory evidence that his salary would have increased if he had remained in the organization. It would no longer have increased by annual increments, since he had already reached the top level of his grade. His emoluments were expressed in United States dollars and there is no evidence of possible adjustments for cost of living." No such amounts will therefore be included in the reckoning of compensation.
Reference(s)
ILOAT Judgment(s): 427
Keywords:
adjustment; amount; cost-of-living increase; damages; lack of evidence; reckoning; salary;
Judgment 463
46th Session, 1981
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Under the so-called service rendered rule, an official is entitled to remuneration in respect of services rendered. It is true that this is only a general rule. In some cases, the Director-General may relieve the staff member from his duty without loss of salary. However the reasons for this must be clearly stated.
Keywords:
entitlement for service rendered; exception; proportionality; salary;
Judgment 460
46th Session, 1981
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"The complainant has been receiving since the date of his promotion lower remuneration than before. This anomaly is unacceptable. It is quite unfair to reduce remuneration when responsibility is increased."
Keywords:
consequence; promotion; reduction of salary; salary;
Judgment 426
45th Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"An official [...] is not given an acquired right, i.e. a right of which he cannot be deprived by unilateral amendment, to every benefit conferred by his contract, but only to those which are fundamental. The right to salary and to the well-established allowances, such as those for dependants, is essentially a fundamental right. But this does not mean that every item making up the salary or allowance and every detail of the process by which it is calculated are to be deemed inviolate; or that minor benefits - what are sometimes called 'fringe benefits' - are to be treated as unchangeable features of a contract that may last for 30 years or more."
Keywords:
acquired right; allowance; family allowance; reckoning; salary;
Judgment 424
45th Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"First, if the organization grants a salary increase, not of its own accord, but as the result of appeal proceedings duly introduced by the official, the increase will take effect from the date on which the proceedings were introduced. Otherwise an official who obtains satisfaction without taking action would enjoy an unfair advantage over an official who has been obliged to take steps to pursue his claim. Secondly, if the transfer procedure is unreasonably prolonged for causes attributable to the organization, the official should not suffer for the delay. The increase will therefore take effect on the date on which it ought to have been granted."
Keywords:
date; effective date; increase; internal appeal; salary;
Judgment 401
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The organization's methods of calculating salary and related benefits are now so complicated as to leave many avenues open to exploration by anyone who, like the complainant, makes any serious attempt to understand the computation."
Reference(s)
ILOAT Judgment(s): 323
Keywords:
allowance; application for execution; reckoning; salary;
Judgment 391
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The organisation imposed four unpaid days of leave on the staff. It "doubts whether there is any substance to the complaints and hence whether they are receivable. It argues that if the complainants take the cash equivalent of the compulsory leave, all they will have done is make a 'loan' [...] 'bearing a high rate of interest' at that. But that is just a hypothesis and does not mean that there is no substance to the claims for relief."
Keywords:
cause of action; compensatory measure; leave; receivability of the complaint; reduction of salary; salary;
Considerations 7 and 15
Extract:
The organisation imposed four unpaid days of leave on officials. The decision "was [...] true to the aims of [the organisation] which, in the interests of workers, not only safeguards their employment but protects its terms." It was not contrary to the interests of the organisation. "Although it was not of benefit to Member States, it was in keeping with the [organisation's] aims, and so with its interests as construed by its founders."
Keywords:
budgetary reasons; compensatory measure; deduction; leave; organisation's interest; reduction of salary; salary;
Consideration 14
Extract:
The organisation imposed four unpaid days of leave on officials over a period of six months. "It is immaterial that the decision made no formal amendment to the Staff Regulations or to individual contracts of employment of the staff members to which it applied. First, it was a temporary measure, and so there was no question of amending the Staff Regulations. Secondly, what happened was that individual contracts of employment were subject to implied amendment for a period of six months, as provided for" in the provision concerning the modification of contracts.
Keywords:
amendment to the rules; compensatory measure; contract; deduction; formal requirements; leave; reduction of salary; salary; staff regulations and rules;
Consideration 8
Extract:
"There is no need to consider whether it is a breach of the rule [requiring consideration for services rendered] to reduce remuneration without reducing working time. In this case both salary and working time were reduced. Whatever may have been the reasons for granting compulsory leave, there was no breach of the rule."
Keywords:
compensatory measure; entitlement for service rendered; leave; reduction of salary; salary;
Consideration 8
Extract:
"According to the rule requiring consideration for services rendered, which is a rule of international as well as national civil service, the official's right to remuneration depends on the performance of the work he is given to do."
Keywords:
entitlement for service rendered; salary; working hours;
Consideration 7
Extract:
The amount of salary is contractual and is immune to amendment only if the parties intend that it should be inviolate. "At the time when the complainants' basic salary was determined and later when it was adjusted, the parties are unlikely to have had in mind the circumstances [which led to the impugned decision]. "But, had they done so, would they ordinarily have intended that the amount of remuneration should be inviolate?"
Keywords:
acquired right; amendment to the rules; amount; contract; salary;
Consideration 7
Extract:
"It is [...] quite within the realm of possibility that, had the parties, at the time when the contracts of employment were concluded and revised, envisaged the straitened circumstances in which the [organisation] was [...] to be placed, they would not have treated the agreed salary as inviolate. On the contrary, they would have consented to its slight and temporary reduction [four unpaid days of leave over a period of six months]. In other words, the complainants have failed to prove any breach of acquired rights."
Keywords:
acquired right; amount; budgetary reasons; reduction of salary; salary; terms of appointment;
Judgment 381
42nd Session, 1979
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The obligation put upon an employer to negotiate changes in salary may be a condition of the contract of employment, but it would have to be specifically expressed in the individual contract or very clearly implied. "Merely because the term is contained in a collective agreement, it cannot be deemed ipso facto to be incorporated in the individual contracts of all those affected by the collective agreement."
Keywords:
amendment to the rules; collective bargaining; contract; organisation's duties; provision; salary; terms of appointment;
Judgment 380
42nd Session, 1979
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The experts were not in agreement about the methodology or the salary-scale figures. "In these circumstances it would be natural for [the Director] to contact his staff association in order to ascertain their views and, if necessary, negotiate with them to reach an agreed figure. This is something which a [director] might do even if contact was not prescribed by the Staff Regulations."
Keywords:
collective bargaining; no provision; organisation's duties; reckoning; salary; scale; staff union;
Consideration 16
Extract:
Vide Judgment 381, consideration 6.
Reference(s)
ILOAT Judgment(s): 381
Keywords:
amendment to the rules; collective bargaining; contract; organisation's duties; provision; salary; terms of appointment;
Judgment 374
42nd Session, 1979
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"It is clear from the wording of [Judgment 306] that the 'one year's salary' to be paid in lieu of reinstatement is equivalent in the present instance to the salary which the complainant was receiving at the date when his appointment ended, i.e. the net salary which he was paid after deduction of tax at the source but including incidental allowances, and in particular post adjustment. There is no reason however to take account of any increment which he might have received had he remained on the staff."
Reference(s)
ILOAT Judgment(s): 306
Keywords:
allowance; amount; application for interpretation; definition; increment; material damages; net salary; post adjustment; salary;
Judgment 371
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Neither the former Staff Regulations of the Institute nor the complainant's terms of appointment give him an acquired right to any particular grade. The complainant has not been deprived of the right to payment of the agreed compensatory allowance. He performs the same duties that he performed formerly at the Institute; he has no acquired right to application of the method of salary adjustment that was practised at the Institute.
Keywords:
acquired right; adjustment; grade; reckoning; salary;
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