Salary (329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 677,-666)
You searched for:
Keywords: Salary
Total judgments found: 233
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 | next >
Judgment 1123
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"Article 65, which merely cites examples of circumstances warranting adjustment in pay, is not exhaustive. There may be adjustment for other reasons, whether they be peculiar to the organisation or attributable to outside factors." In the instant case the reasons Eurocontrol gave come within the ambit of the provision.
Reference(s)
Organization rules reference: ARTICLE 65 OF THE EUROCONTROL STAFF REGULATIONS
Keywords:
adjustment; analogy; criteria; enforcement; grounds; provision; salary; staff regulations and rules;
Consideration 5
Extract:
Officials of Eurocontrol do not have an acquired right to alignment of pay with the scales of the European Communities. The Tribunal observes that "there has never been anything but de facto alignment, and it has never been absolute anyway. Besides, even if it had been, the organisation made no express or implied commitment to continuing it. The practice has conferred no right on the staff to the continuance of parity."
Keywords:
acquired right; enforcement; law of european communities; practice; salary;
Considerations 7-8
Extract:
The complainant seeks the quashing of a 1.53 per cent "reduction" applied to his pay in pursuance of a decision by Eurocontrol's Permanent Commission to bring in a 5 per cent differential between pay in the European Communities and within the organisation. The Tribunal holds that "the objection that there has been no statement of the reasons is unsound: the staff have known all along the reasons for the adjustments, which have been fully discussed in the context of the cases. There was therefore no need to state reasons for the individual decisions [...]. The Tribunal may [not] review the reasons of policy underlying the general decision." Besides, the reasons fall within the ambit of Article 65.
Reference(s)
Organization rules reference: ARTICLE 65 OF THE EUROCONTROL STAFF REGULATIONS
Keywords:
adjustment; competence of tribunal; duty to substantiate decision; general decision; grounds; individual decision; judicial review; reduction of salary; salary;
Consideration 13
Extract:
The Tribunal points out that, as it said in Judgment 986, it has only a limited power of review in respect of salary policy. It will declare whether the impugned decisions square with general principles, with the Staff Regulations and with the terms of the complainants' appointment. Those principles, which include that of trust, were complied with in the instant case.
Reference(s)
ILOAT Judgment(s): 986
Keywords:
competence of tribunal; enforcement; general principle; good faith; judicial review; salary; staff regulations and rules; terms of appointment;
Judgment 1122
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainants want the Tribunal to set aside all the decisions that applied the "Eurocontrol reduction" to their salaries after 12 November 1987. To avoid the time bar, they rely on the emergence of a new fact, namely Judgment 1012, which quashed the decision to lower pay by 0.7 per cent before that date. "That judgment is final and has the authority of res judicata, including the ruling in it that certain claims are irreceivable. On no account may it be treated as a new fact setting off a new time limit for filing a complaint."
Reference(s)
ILOAT Judgment(s): 1012
Keywords:
adjustment; complaint; exception; judgment of the tribunal; new fact on which the party was unable to rely in the original proceedings; new time limit; receivability of the complaint; reduction of salary; res judicata; salary; time bar;
Consideration 5
Extract:
"The complaints are challenging pay slips [reflecting the so-called 'Eurocontrol reduction'], of which the latest date back to September 1989, and they were filed on 27 August 1990, long after the time limits had expired." They are irreceivable.
Keywords:
adjustment; complaint; payslip; receivability of the complaint; reduction of salary; salary; time bar; time limit;
Judgment 1121
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
Eurocontrol did not apply a restraining measure to rises in the pay of certain officials. bBut the plea of breach of equal treatment fails because the exception was made to safeguard those officials' minimum livelihood.
Keywords:
adjustment; equal treatment; exception; reduction of salary; salary;
Summary
Extract:
The complainants seek the quashing of a 1.53 per cent "reduction" applied to their pay in pursuance of a decision which Eurocontrol's Permanent Commission took on 12 November 1987 to bring in a 5 per cent differential between pay in the European Communities and within the organisation. In Judgment 1012 the Tribunal confined itself to setting aside the decision to lower pay by 0.7 per cent before that date. So the complainants may not rely on res judicata in respect of that judgment. None of their other pleas having succeeded, in particular for the reasons set out in Judgments 1118 and 1123, the complaints are dismissed.
Reference(s)
ILOAT Judgment(s): 1012, 1118, 1123
Keywords:
adjustment; reduction of salary; res judicata; salary;
Judgment 1120
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainants seek the quashing of a 1.53 per cent "reduction" applied to their pay in pursuance of a decision by Eurocontrol's Permanent Commission to bring in a 5 per cent differential between pay in the European Communities and within the organisation. None of their pleas having succeeded, in particular for the reasons set out in Judgments 1118 and 1123, the complaints are dismissed.
Reference(s)
ILOAT Judgment(s): 1118, 1123
Keywords:
adjustment; reduction of salary; salary;
Consideration 5
Extract:
See Judgment 1121, consideration 6.
Reference(s)
ILOAT Judgment(s): 1121
Keywords:
adjustment; equal treatment; exception; reduction of salary; salary;
Judgment 1119
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
See Judgment 1121, summary.
Reference(s)
ILOAT Judgment(s): 1012, 1118, 1123
Keywords:
adjustment; reduction of salary; res judicata; salary;
Consideration 6
Extract:
See Judgment 1121, consideration 6.
Keywords:
adjustment; equal treatment; exception; reduction of salary; salary;
Judgment 1118
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 18-19
Extract:
The complainants seek the quashing of a 1.25 per cent "reduction" in the repayment of education expenses in keeping with a decision taken by Eurocontrol's Permanent Commission to bring in a 5 per cent differential between net pay at Eurocontrol and net pay in the European Communities. The Tribunal holds that "the objection that there has been no statement of the reasons is unsound: the staff have known all along the reasons for the adjustments, which have been fully discussed in the context of the cases. There was therefore no need to state reasons for the individual decisions [...]. The Tribunal may [not] review the reasons of policy underlying the general decision." Besides, the reasons fall within the ambit of Article 65.
Reference(s)
Organization rules reference: ARTICLE 65 OF THE EUROCONTROL STAFF REGULATIONS
Keywords:
adjustment; competence of tribunal; duty to substantiate decision; education expenses; general decision; grounds; individual decision; judicial review; reduction of salary; refund; salary;
Consideration 25
Extract:
"According to Articles 62 and 67 of the Staff Regulations, one item of pay is family allowances; they include the education allowance, of which education expenses form a part, and, contrary to what the complainants make out, the fact that such expenses are paid on the strength of supporting evidence does not make the education allowance as a whole any less an item of pay."
Reference(s)
Organization rules reference: ARTICLES 62 AND 67 OF THE EUROCONTROL STAFF REGULATIONS
Keywords:
education expenses; elements; family allowance; refund; salary;
Consideration 19
Extract:
Vide Judgment 1123, consideration 8.
Reference(s)
Organization rules reference: ARTICLE 65 OF THE EUROCONTROL STAFF REGULATIONS
ILOAT Judgment(s): 1123
Keywords:
adjustment; analogy; enforcement; grounds; provision; salary; staff regulations and rules;
Consideration 20
Extract:
Vide Judgment 1123, consideration 5.
Reference(s)
ILOAT Judgment(s): 1123
Keywords:
acquired right; enforcement; law of european communities; practice; salary;
Consideration 22
Extract:
Vide Judgment 1123, consideration 13.
Reference(s)
ILOAT Judgment(s): 1123
Keywords:
competence of tribunal; enforcement; general principle; good faith; judicial review; salary; staff regulations and rules; terms of appointment;
Judgment 1117
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 19-20
Extract:
The complainants seek payment of interest on the arrears paid them after applying revised weightings. The Tribunal stresses that "Article 64 [of the Staff Regulations] confers wide discretion on the administration in determining whether there is good reason to adjust pay and what factors to bear in mind for the purpose. It has to make comparative assessments in working out the weightings, and so the figures it arrives at are bound to be lump-sum approximations [...] So there can be no specific amount due, and yielding interest, until the competent authority has reached its decision."
Reference(s)
Organization rules reference: ARTICLE 64 OF THE EUROCONTROL STAFF REGULATIONS
Keywords:
adjustment; cost-of-living weighting; interest on damages; payment; salary;
Consideration 18
Extract:
Following a periodic review of the weightings applicable to pay, the complainants were paid arrears on the strength of the revised weightings. They claim interest on those amounts on the grounds that the method for adjusting pay contains a built-in delay. The plea fails. "The system of period adjustment according to criteria applied a posteriori means that any action taken will perforce be retroactive. [...] Adjustment is a continuous process over any given period, and it is reasonable to regard the figures that are taken at the end of that period as properly applying to the whole of it."
Keywords:
adjustment; cost-of-living weighting; interest on damages; non-retroactivity; payment; salary;
Judgment 1112
71st Session, 1991
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant contends that her salary was unlawfully withheld and she seeks compensation for the financial injury caused to her by the FAO.
Keywords:
compensation; material injury; salary;
Judgment 1110
71st Session, 1991
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
In Judgment 996 the Tribunal set aside the decision to dismiss the complainant and ordered his reinstatement "with full arrears of salary and allowances". In execution of that judgment the ESO reinstated him as a member of its health insurance scheme as from the date of dismissal and deducted the corresponding premiums from his pay. The complainant's objections to the deductions are mistaken. The intention of Judgment 996 was, as far as possible, to put the complainant in the same position as if he had not been dismissed. The Tribunal is satisfied that in respect of health insurance the organisation has complied with the letter and the spirit of the judgment.
Reference(s)
ILOAT Judgment(s): 996
Keywords:
application for interpretation; consequence; contributions; deduction; health insurance; insurance; interpretation; judgment of the tribunal; medical expenses; payment; reinstatement; salary;
Judgment 1107
71st Session, 1991
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant, who joined CERN as a fireman, was transferred from a night-shift post to one confined to day work. The offer of the new post said that staff who gave up shift work could be compensated for loss of the shift allowance at digressive rates over three years. The Director- General decided to grant him compensation over a period of only one year. The Tribunal sets the decision aside on the grounds that "an offer of appointment holds good until it is withdrawn or accepted in good faith and without qualification, when it amounts to a contract."
Keywords:
acceptance; appointment; binding character; compensatory allowance; compensatory measure; contract; elements; good faith; offer; reduction of salary; salary; transfer;
Judgment 1096
70th Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
In Judgment 963 the Tribunal set aside in part an initial reduction in the rate of refund of educational expenses at Eurocontrol insofar as the reduction was given retroactive effect. The present complaints challenge the second reduction. Recalling a recurring principle in the case law (see Judgments 726 and 825) that "a reduction in pay may not be so great as to disrupt the structure of the terms of appointment and that there must be sound reasons for it", the Tribunal orders further submissions in which the defendant organisation shall explain in greater detail the favourable effects of the measure.
Reference(s)
ILOAT Judgment(s): 726, 825, 963
Keywords:
duty to substantiate decision; education expenses; further submissions; interlocutory order; reduction of salary; refund; salary;
Judgment 1093
70th Session, 1991
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The ITU's policy is to guarantee, for staff promoted from the general service to the professional category, that the salary differential resulting from the promotion and during the year following it, as calculated in local currency, will be equivalent to at least one step in the new grade. For that purpose the Union carries out a review of the official's pay on the first anniversary of promotion, known as the "anniversary calculation". The complainant was promoted from grade G.5 to P.2. The difference between his earnings during the year after his promotion to P.2 and the amount he would have earned during the same period at G.5 being greater than a P.2 increment, there was no breach of the material rule.
Keywords:
consequence; general service category; professional category; promotion; reduction of salary; salary;
Judgment 1086
70th Session, 1991
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
In keeping with the Flemming principle and to make up for the end-of-service allowance paid to employees in Austria's private sector, general service staff at the IAEA, whose headquarters are in Vienna, got a percentage increase in gross salary from 1972 to 1987. As from 1987 the Agency brought in a system comparable to the one in Austrian enterprises. The complainants object to the IAEA's discounting service up to 1972 in reckoning the allowance. The Tribunal holds that by providing for a non-retroactive increase in applicable salary the Agency took a decision which had become final and that by replacing a system in force since 1972 by another was not in breach of any acquired right. No matter which method it followed, the Agency had complied with the Flemming principle.
Keywords:
compensatory measure; flemming principle; increase; non-retroactivity; salary; terminal entitlements; terms of appointment; time bar;
Judgment 1081
70th Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainants want to have the revised weighings with retroactive force from 1 January 1981 taken into account for determination of the "Eurocontrol reduction" imposed on their salaries. The impugned decision does not "put figures on the entitlements of each of the complainants it applies to. [...] In the circumstances the complainants may not now challenge the validity of the general decision they are objecting to. Before they come to the Tribunal they must be able to cite individual decisions."
Keywords:
adjustment; cost-of-living weighting; general decision; individual decision; receivability of the complaint; reckoning; reduction of salary; salary;
Judgment 1073
70th Session, 1991
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant was denied a dependency entitlement for 1989 because his wife's income did not meet the conditions laid down in Provisional Staff Rule 5.03.2(d) as it read at the material time. Loss of the entitlement brought the complainant's combined family income below the maximum limit. As from 1 January 1990 the Agency's practice was amended so as to limit the loss of such entitlement to the same amount by which the spouse's income runs over the income limit. Inasmuch as the new rule does not prescribe retroactive change, the complainant has no grounds on which to claim it.
Reference(s)
Organization rules reference: IAEA PROVISIONAL STAFF RULE 5.03.2(D)
Keywords:
allowance; amendment to the rules; condition; dependant; non-retroactivity; practice; salary; staff regulations and rules;
Judgment 1072
70th Session, 1991
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
For an IAEA staff member's spouse to qualify as a dependant, his or her gross salary must not exceed that of the lowest step in the general service grade applicable in the spouse's country of employment. That amount is converted into Austrian schillings at the rate applicable in January of the year in question. Under the prescribed method the complainant's wife failed to qualify as a dependant and the Director refused to treat her as one. The Director's decision was a discretionary one and the Tribunal sees no grounds for setting it aside.
Keywords:
amount; condition; definition; dependant; discretion; judicial review; salary;
Judgment 1064
70th Session, 1991
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3-4
Extract:
[A]n application for interpretation is receivable only if the operative part of the judgment is ambiguous or otherwise unclear. The present application is about the meaning of the term "rates" and therefore qualifies under the rule as stated in that judgment. [...]
The only meaning the term "rates" in point 2 can bear is "rate of salary" and "rate of allowances". Nowhere in the judgment is there any allusion to a "rate of exchange", and the clear intent is that the complainant should receive by way of damages for material injury a lump sum to be calculated by reference to the salary and allowances he was entitled to at the date of separation.
Keywords:
allowance; application for interpretation; interpretation; rate; salary;
Judgment 1041
69th Session, 1990
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3-4, Summary
Extract:
The complainant, a member of the EPO staff, challenges the lawfulness of deductions made from his allowances following strike action. Relying on Article 65(1)(b) of the Service Regulations he says that "remuneration" in that provision covers basic salary alone. But Article 64(2) says that "remuneration shall comprise basic salary and, where appropriate, any allowances"; the plea fails.
Reference(s)
Organization rules reference: ARTICLES 64.2 AND 65.1(B) OF THE EPO SERVICE REGULATIONS
Keywords:
allowance; base salary; deduction; definition; right to strike; salary; strike;
Consideration 5
Extract:
The complainant submits that, in keeping with epo practice, the deduction for work stoppage should have been limited to basic salary. "In making deductions from pay in 1983 on account of a strike in 1982, [the EPO did] leave untouched the dependants' expatriation and housing allowances. But the precedent does not hold good: in dealing with the matter again in October 1985 the organisation refrained from deciding on the deductions it would make from staff pay in the event of future strikes."
Keywords:
allowance; base salary; deduction; practice; right to strike; salary; strike;
Judgment 1012
68th Session, 1990
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The decision to reduce pay at Eurocontrol was confirmed on 12 November 1987. "Though the pay slips [giving effect to the reduction] are plainly unlawful because the Commission's decision still had to come into effect, they apply only to the period they cover and cannot be treated as giving effect to a decision that had not yet become final. Not a single complainant has challenged an individual decision subsequent to 12 November 1987. The Tribunal is therefore bound, regrettably, to declare the claims irreceivable insofar as they object to future reductions in pay."
Keywords:
application for quashing; effective date; enforcement; general decision; individual decision; payslip; receivability of the complaint; reduction of salary; salary;
Summary
Extract:
On 7 July 1987 Eurocontrol's Permanent Commission decided provisionally to reduce pay by 0.7 per cent with effect from 1 July 1986. The Commission's decision was not confirmed until 12 November 1987. The complainants are challenging the pay slips they got for July, August and September 1987 which indicated a reduction in pay backdated to 1 July 1986. The Tribunal holds that the pay slips, which were issued before the commission's decision entered into force, have no basis in law and must be set aside insofar as they cause the complainants injury.
Keywords:
decision; effective date; legislative body; non-retroactivity; reduction of salary; salary;
Judgment 1011
68th Session, 1990
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
To take account of shifts in currency rates when reckoning the pay of officials who changed categories on promotion, the ITU began to follow United Nations practice by adopting in 1988 the so-called "anniversary calculation" system. The complainant, who was promoted in 1985 from grade G.7 to P.2, is seeking to have her pay so reviewed. On 28 January 1986 she wrote to the chief of personnel objecting to the loss of salary she suffered as a result of promotion. On 26 May 1988 she appealed to the Appeal Board. The Tribunal holds that the memorandum of 28 January 1986 cannot be construed either in form or in substance as a request for review under Rule 11.1.2 but was merely a written claim under Rule 3.17.1. Her appeal of 26 May 1988 was patently out of time and the complaint is therefore irreceivable.
Reference(s)
Organization rules reference: RULES 3.17.1 AND 11.1.1.2 OF THE ITU STAFF REGULATIONS AND STAFF RULES
Keywords:
consequence; formal requirements; general service category; internal appeal; professional category; promotion; receivability of the complaint; reduction of salary; salary; time bar;
< previous | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 | next >
|
