Adjustment (367, 368,-666)
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Keywords: Adjustment
Total judgments found: 63
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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 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;
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 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 936
65th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"Article 64(6) of the Service Regulations reads: 'The remuneration of the permanent employees shall be subject to periodic review and shall be adjusted by the Administrative Council taking account of the recommendations of the Co-ordinating Committee of government budget experts of the co-ordinated organisations'. Though the definition puts the EPO under no specific obligation it does reflect an intention of not letting EPO pay get out of line with the broad trend in national civil services, and that is the rule of thumb followed by the Co-ordinating Committee."
Reference(s)
Organization rules reference: ARTICLE 64(6) OF THE EPO SERVICE REGULATIONS
Keywords:
adjustment; coordinated organisations; interpretation; provision; salary; staff regulations and rules;
Judgment 905
64th Session, 1988
Intergovernmental Council of Copper Exporting Countries
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
A cost-of-living adjustment is provided for in the Staff Regulations. No final decision was taken on the matter. The complainant is entitled to the adjustment.
Reference(s)
Organization rules reference: ARTICLES 3.2.1 AND 5.3 OF THE CIPEC STAFF REGULATIONS
Keywords:
adjustment; cost-of-living increase; enforcement; staff regulations and rules;
Judgment 862
63rd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
Article 3.1.1.2 of the ILO Staff Regulations provides for periodic adjustments to pensionable remuneration. The application of this regulation was suspended effective 1 April 1985. The complainants argue that the absence of an adjustment on 1 April 1986 breaches their acquired rights. "The complainants say they cannot put a figure on the loss sustained but they submit a table showing losses that range from 13 to 39 per cent according to grade. The table does not distinguish between loss due to the measures of which the Tribunal was informed in the earlier proceedings - and which it declared lawful - and loss alleged to be due to the failure to revise the scale on 1 April 1986. So in any event the Tribunal cannot but endorse its ruling in Judgment 832 under 16." The complaints are dismissed.
Reference(s)
Organization rules reference: ARTICLE 3.1.1.2 OF THE ILO STAFF REGULATIONS
ILOAT Judgment(s): 832
Keywords:
acquired right; adjustment; amount; breach; date; difference; enforcement; grade; injury; pension; pension entitlements; pensionable remuneration; provision; reckoning; res judicata; staff regulations and rules; subsidiary; suspensive action;
Judgment 831
62nd Session, 1987
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
"Another plea of the complainants' is that the [International Civil Service] Commission misused its authority by availing itself of the post adjustment with the improper intent of checking an allegedly undue widening of the margin. One reason why the plea fails is that, as has been seen, the Commission acted intra vires. In authorising the Commission to suspend the increase in the post adjustment the Assembly also authorised the purpose of doing so."
Keywords:
abuse of power; adjustment; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;
Judgment 830
62nd Session, 1987
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
See Judgment 831, consideration 22.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
abuse of power; adjustment; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;
Judgment 829
62nd Session, 1987
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
Vide Judgment 831, consideration 22.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
abuse of power; adjustment; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;
Judgment 828
62nd Session, 1987
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 21
Extract:
See Judgment 831, consideration 22.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
abuse of power; adjustment; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;
Judgment 827
62nd Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
See Judgment 831, consideration 22.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
abuse of power; adjustment; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;
Judgment 826
62nd Session, 1987
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
See Judgment 831, consideration 22.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
abuse of power; adjustment; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;
Judgment 825
62nd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
See Judgment 831, consideration 22.
Reference(s)
ILOAT Judgment(s): 831
Keywords:
abuse of power; adjustment; icsc decision; judicial review; misuse of authority; post adjustment; salary; suspensive action;
Judgment 751
59th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Not only may the new method of adjusting salary bring about no reduction in salary but the wage 'restraint' may not be more than 1 per cent a year for B staff and o,5 for C staff. The purpose being merely to check increases in pay without lowering basic salary, there was no alteration of the terms of employment such as to infringe any acquired right."
Keywords:
acquired right; adjustment; amendment to the rules; base salary; reduction of salary; salary; terms of appointment;
Judgment 608
52nd Session, 1984
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
There is a regulation which provides for the Director-General to determine the frequency of salary adjustments on the basis of variation in the rate of inflation. The Director-General chose not to exercise his discretion. "He must have proceeded upon the erroneous assumption that he was under no obligation to make any adjustment at all and so could do what he liked about the frequency." The Tribunal quashes the decision, which rests on an error of law and remits the case to the Director-General for a "new decision based on the correct interpretation" of the regulation.
Keywords:
adjustment; cost-of-living increase; discretion; enforcement; interpretation; organisation's duties; provision; salary; staff regulations and rules;
Consideration 3
Extract:
"As to its nature, a regulation designed to give protection against inflation is aimed at fixing the amount of the salary in real terms. [...] It is unlikely [...] that [such a regulation] would be framed in a manner which would permit the employer to reduce the wage if the index fell, while not requiring him to increase the wage if the index rose. Economically it was doubtless unlikely [in the country and at the time being considered] that the index would fall, but a document settling the terms of a legal relationship must provide for the unlikely as well as for the likely event."
Keywords:
adjustment; cost-of-living increase; salary;
Judgment 507
48th Session, 1982
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The complainants say that as a result of collective bargaining a salary study is made annually and followed by a general improvement in the salary levels. They do not, however, allege that there is any contractual obligation on the organisation to increase salaries in this way. The organisation agrees that, if any improvement is made, it must be paid to all, including the complainants, in the same position. The compensation payable to the complainants for their wrongful dismissal should be assessed accordingly."
Keywords:
adjustment; amount; elements; salary; termination of employment;
Judgment 480
47th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The complainant has not provided any satisfactory evidence that his salary would have increased if he had remained in the organization. It would no longer have increased by annual increments, since he had already reached the top level of his grade. His emoluments were expressed in United States dollars and there is no evidence of possible adjustments for cost of living." No such amounts will therefore be included in the reckoning of compensation.
Reference(s)
ILOAT Judgment(s): 427
Keywords:
adjustment; amount; cost-of-living increase; damages; lack of evidence; reckoning; salary;
Judgment 371
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Neither the former Staff Regulations of the Institute nor the complainant's terms of appointment give him an acquired right to any particular grade. The complainant has not been deprived of the right to payment of the agreed compensatory allowance. He performs the same duties that he performed formerly at the Institute; he has no acquired right to application of the method of salary adjustment that was practised at the Institute.
Keywords:
acquired right; adjustment; grade; reckoning; salary;
Judgment 365
41st Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"As to the method of salary adjustment, the complainants do not have an acquired right to application of the methods practised [...]."
Keywords:
acquired right; adjustment; reckoning; salary;
Judgment 323
39th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Under the "Guiding principles for the determination or revision of conditions of service of staff in the general service category" the reckoning of interim adjustments is straightforward. Whenever the local wage index goes up by 5 per cent an official's salary should also go up by 5 per cent. The complainant had her increase lowered to 1 per cent. The Tribunal finds no evidence in the file that the progressive increase in Italian income tax or that fringe benefits were behind the reduction. It holds that the reduction was either arbitrary or designed to serve some purpose of which it is ignorant.
Keywords:
adjustment; fringe benefits; general service category; reduction of salary; salary; scale;
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