Judgment No. 1041
Decision
THE COMPLAINT IS DISMISSED.
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
salary; allowance; deduction; base salary; right to strike; strike; definition
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
practice; salary; allowance; deduction; base salary; right to strike; strike
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