Judgment No. 381
Decision
THE COMPLAINTS AND THE APPLICATIONS TO INTERVENE ARE DISMISSED.
Consideration 1
Extract:
See Judgment 382, consideration 1.
Reference(s)
Jugement(s) TAOIT: 382
Keywords
competence of tribunal; interpretation; staff union agreement; effect
Consideration 3
Extract:
See Judgment 382, consideration 3.
Reference(s)
Jugement(s) TAOIT: 382
Keywords
claim; competence of tribunal
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
organisation's duties; amendment to the rules; provision; terms of appointment; contract; salary; collective bargaining
Consideration 8
Extract:
A provision in the Staff Rules "expressly provides that the Director-General shall consult with his staff [...]. This makes it difficult to imply a further term requiring him not merely to consult but to negotiate".
Keywords
organisation's duties; staff regulations and rules; enforcement; provision; collective bargaining; consultation
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