Judgment No. 4484
Decision
The complaints are dismissed.
Summary
The complainants challenge the decisions to reject their claim for reimbursement of deductions made as from December 2015 to a compensatory allowance following their career progression and the ensuing increase in their salary.
Judgment keywords
Keywords
acquired right; allowance; complaint dismissed
Consideration 1
Extract:
The Tribunal finds it convenient to join these complaints and render a single judgment on them, as they raise the same issues of fact and law.
Keywords
joinder
Consideration 8
Extract:
As the Committee noted, the compensatory allowance was meant to serve as a means of mitigating the adverse financial effects that the reorganisation had had on the complainants’ income in 2005 and not as a permanent financial bonus, and that moreover, ten years after the commencement of that entitlement the EPO slightly reduced the compensatory allowance, while nonetheless maintaining the complainants’ income at a stable level. In the Tribunal’s view, this reasoning is in line with the Tribunal’s analyses in Judgments 2972 and 3109, consideration 3, particularly as the complainants no longer perform shift work outside normal working hours. As the impugned decisions accepted the Appeals Committee’s reasoning on this issue, the complainants’ claims to the contrary are unfounded.
Reference(s)
ILOAT Judgment(s): 2972, 3109
Keywords
acquired right; allowance; mitigation of loss
Consideration 9
Extract:
The complainants provide no evidence or analysis to demonstrate that there was bias, ill will, malice, bad faith or other improper purpose on which to base an award of exemplary damages (see, for example, Judgment 4286, consideration 19).
Reference(s)
ILOAT Judgment(s): 4286
Keywords
punitive damages
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