Judgment 899
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
In regard to the Dutch levy issue, "since no reasons were given for the impugned decisions there was breach of Article 106(1) of the Service Regulations which requires that the decision 'state the grounds on which it was based'."
Reference(s)
Organization rules reference: ARTICLE 106, PARAGRAPH 1, OF THE EPO SERVICE REGULATIONS
Keywords:
decision; deduction; duty to substantiate decision; grounds; reduction of salary; salary;
Consideration 19
Extract:
"The EPO's replies to the complaints are perfunctory. [The organisation] merely cites the policy of one of the seven chosen countries and the Council's posture without actually addressing the objective criteria applied in reckoning pay and working out the scale.* Not by submissions of that kind may it avoid compliance with the rules in dealings with staff. It is preventing the Tribunal from determining the ambit of the dispute and exercising its power of review."
*the material issue is the impact on EPO salaries of a deduction levied on salaries in the Dutch civil service.
Keywords:
deduction; general decision; organisation's duties; 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;
Judgment 671
56th Session, 1985
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant was the second signatory of bank checks for amounts in excess of actual expenditure. Criminal proceedings were introduced against the first signatory. A sum representing part of the compensation payable to the complainant was distraint. The complainant seeks payment of that amount. The Tribunal observes that appeal against the decision was not lodged within the time limit and that the decision can no longer be challenged. However, because the decision is a "measure of distraint", it remains open to the complainant to request a review on the basis of a change of the position in law or in fact.
Keywords:
deduction; measure of distraint; receivability of the complaint; time bar;
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 566
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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 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 391
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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;
Judgment 314
39th Session, 1977
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"According to a principle of international public service, salary is generally payable only for services rendered, and so the [organisation] was right to refuse to pay a staff member who went on strike for the period in which he did not work."
Keywords:
deduction; entitlement for service rendered; international civil service principles; right to strike; salary; strike;
Considerations
Extract:
The interveners "have an interest in the quashing of the impugned decision [concerning the with holding of salary for strike action] and their applications are therefore receivable."
Keywords:
deduction; intervention; receivability of the complaint; right to strike; salary; strike;
Judgment 124
20th Session, 1968
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant seeks the rescission of decisions 1) cancelling the loan agreement and 2) deducting sums from his salary until repayment of his debt to the organization. The Tribunal is competent to rule on the second claim for relief. The lawfulness of the second decision depends on the lawfulness of the first. The Director-General accepted the finding of the Appeals Board that it was not competent to consider the appeal concerning cancellation of the loan and dismisses the appeal relating to salary deductions on its merits without going into the first claim. The complainant is referred back for a new decision on all the submissions, after taking account of the opinion of the appeals body.
Keywords:
application for quashing; case sent back to organisation; competence of tribunal; debt; decision quashed; deduction; loan; organisation; salary;
