Judgment 1012
68th Session, 1990
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The decision to reduce pay at Eurocontrol was confirmed on 12 November 1987. "Though the pay slips [giving effect to the reduction] are plainly unlawful because the Commission's decision still had to come into effect, they apply only to the period they cover and cannot be treated as giving effect to a decision that had not yet become final. Not a single complainant has challenged an individual decision subsequent to 12 November 1987. The Tribunal is therefore bound, regrettably, to declare the claims irreceivable insofar as they object to future reductions in pay."
Keywords:
application for quashing; effective date; enforcement; general decision; individual decision; payslip; receivability of the complaint; reduction of salary; salary;
Summary
Extract:
On 7 July 1987 Eurocontrol's Permanent Commission decided provisionally to reduce pay by 0.7 per cent with effect from 1 July 1986. The Commission's decision was not confirmed until 12 November 1987. The complainants are challenging the pay slips they got for July, August and September 1987 which indicated a reduction in pay backdated to 1 July 1986. The Tribunal holds that the pay slips, which were issued before the commission's decision entered into force, have no basis in law and must be set aside insofar as they cause the complainants injury.
Keywords:
decision; effective date; legislative body; non-retroactivity; reduction of salary; salary;
Judgment 1011
68th Session, 1990
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
To take account of shifts in currency rates when reckoning the pay of officials who changed categories on promotion, the ITU began to follow United Nations practice by adopting in 1988 the so-called "anniversary calculation" system. The complainant, who was promoted in 1985 from grade G.7 to P.2, is seeking to have her pay so reviewed. On 28 January 1986 she wrote to the chief of personnel objecting to the loss of salary she suffered as a result of promotion. On 26 May 1988 she appealed to the Appeal Board. The Tribunal holds that the memorandum of 28 January 1986 cannot be construed either in form or in substance as a request for review under Rule 11.1.2 but was merely a written claim under Rule 3.17.1. Her appeal of 26 May 1988 was patently out of time and the complaint is therefore irreceivable.
Reference(s)
Organization rules reference: RULES 3.17.1 AND 11.1.1.2 OF THE ITU STAFF REGULATIONS AND STAFF RULES
Keywords:
consequence; formal requirements; general service category; internal appeal; professional category; promotion; receivability of the complaint; reduction of salary; salary; time bar;
Judgment 1001
68th Session, 1990
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"When impugning an individual decision that touches him directly the employee of an international organisation may challenge the lawfulness of any general or prior decision, even by someone outside the organisation, that affords the basis for the individual one (cf. Judgments 382 [...], 622 [...] and 825 [...]). The present complainants may accordingly challenge the lawfulness of the general methodology and of the 1987 survey of Vienna, which, taken together, constitute the basis in law of the decisions under challenge."
Reference(s)
ILOAT Judgment(s): 382, 622, 825
Keywords:
competence of tribunal; decision-maker; general decision; inquiry; investigation; receivability of the complaint; reduction of salary; salary;
Summary
Extract:
The complainants, who are employed by UNIDO in the general service category, seek the quashing of decisions setting their pay according to the new salary scales brought in as from 1 October 1987. They are objecting to the flat 2.4 per cent salary cut included in scales drawn up on the basis of an International Civil Service Commission recommendation to account for the so-called "commissary benefit". UNIDO Staff Regulation 6.5(a) says that the pay of staff in the general service category shall be based on "the best prevailing conditions of employment in the locality" (Flemming principle). The Tribunal holds that for the purpose of establishing parity with local pay the only relevant items are the ones defined in the Staff Regulations and financial rules of the organisation and paid out of its own funds. It follows that such a benefit as access to the commissary, which is provided for neither in the Staff Regulations nor in the financial rules and is a form of tax relief bestowed by the host country at no cost to the Organisation, may not count in a comparison of this nature. The Organization's decision to reduce salaries is unlawful and cannot stand. The cases are sent back to UNIDO for the recalculation of their pay.
Reference(s)
Organization rules reference: UNIDO STAFF REGULATION 6.5(A)
Keywords:
elements; enforcement; flaw; flemming principle; fringe benefits; general service category; headquarters agreement; icsc decision; privileges and immunities; reckoning; reduction of salary; salary; scale; staff regulations and rules;
Judgment 1000
68th Session, 1990
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainants, who are employed by the IAEA in the general service category, seek the quashing of decisions setting their pay according to the new salary scales brought in as from 1 October 1987. They are objecting to the flat 2.4 per cent salary cut included in scales drawn up on the basis of an International Civil Service Commission recommendation to account for the so-called "commissary benefit". Annex II.B.1 of the Agency's Provisional Staff Regulations says that the pay of staff in the general service category shall be based on "the best prevailing conditions of employment in the locality" (Flemming principle). The Tribunal holds that for the purpose of establishing parity with local pay the only relevant items are the ones defined in the Staff Regulations and financial rules of the organisation and paid out of its own funds. It follows that such a benefit as access to the commissary, which is provided for neither in the Staff Regulations nor in the financial rules and is a form of tax relief bestowed by the host country at no cost to the organisation, may not count in a comparison of this nature. The Agency's decision to reduce salaries is unlawful and cannot stand. The cases are sent back to the Agency for the recalculation of their pay.
Reference(s)
Organization rules reference: ANNEX II.B.1 OF THE IAEA PROVISIONAL STAFF REGULATIONS
Keywords:
elements; enforcement; flaw; flemming principle; fringe benefits; general service category; headquarters agreement; icsc decision; privileges and immunities; reckoning; reduction of salary; salary; scale; staff regulations and rules;
Consideration 12
Extract:
See Judgment 1001, consideration 12.
Reference(s)
ILOAT Judgment(s): 382, 622, 825, 1001
Keywords:
competence of tribunal; decision-maker; general decision; inquiry; investigation; receivability of the complaint; reduction of salary; salary;
Judgment 990
68th Session, 1990
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The General Assembly of the United Nations brought in a new scale of pensionable remuneration as from 1 January 1985. The scale, provided for in Article 3.1.1 of the Staff Regulations, did not come into force until 1 April 1985. The complainant's pension, however, was reckoned according to the new scale between 1 January and 31 March 1985. The Tribunal holds that "the ILO is undoubtedly bound [...] by the provisions of the Staff Regulations so long as they remain in force and is therefore liable towards the complainant for the breach of them. That its difficulty is due to the stand taken by the fund cannot alter its liability as employer towards its staff."
Reference(s)
Organization rules reference: ARTICLE 3.1.1 OF THE ILO STAFF REGULATIONS
Keywords:
amendment to the rules; difference; effective date; fund regulations; liability; organisation; payment; pension; pensionable remuneration; provision; reduction of salary; scale; staff regulations and rules; unjspf;
Summary
Extract:
The General Assembly of the United Nations brought in a new, lower scale of pensionable remuneration as from 1 January 1985. That scale, provided for in Article 3.1.1 of the ILO Staff Regulations, did not come into force for officials serving in the organization until 1 April 1985. The complainant's pension was nonetheless reckoned according to the new scale between 1 January and 31 March 1985. She challenges the Director-General's implied rejection of her internal complaint seeking to have her pension reckoned according to the old scale up to 31 March 1985 or, failing that, compensation. The Organization submits that the measure had come to her attention through various channels and that the complaint was out of time. The Tribunal holds that the Staff Regulations contained an explicit provision which set out the staff's rights. The staff were not told of any valid ilo decision not to abide by the Staff Regulations. The Organization's contention that the complaint is irreceivable is mistaken.
Reference(s)
Organization rules reference: ARTICLE 3.1.1 OF THE ILO STAFF REGULATIONS
Keywords:
amendment to the rules; complaint; difference; effective date; fund regulations; pension; pensionable remuneration; provision; receivability of the complaint; reduction of salary; scale; staff regulations and rules;
Judgment 986
67th Session, 1989
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 24
Extract:
Though the Tribunal "has held that the new scale [of pensionable remuneration] impairs the complainants' rights, it cannot now set the amount of their entitlements." Its ruling will therefore be one of principle.
Keywords:
amendment to the rules; amount; injury; material damages; pension; pensionable remuneration; reduction of salary; scale;
Consideration 16
Extract:
On 1 April 1987 the ILO brought in a new scale which further lowered pensionable remuneration. Though there is no going back on what was said in earlier judgments, "the complainants may back up their case against the decisions they impugn by citing the earlier ones on the same subject [vide Judgments 832 and 862]. The full set of decisions is material in ruling on the plea of breach of acquired rights even though, if breach there has been, the consequences will touch only the decisions now under challenge."
Reference(s)
ILOAT Judgment(s): 832, 862
Keywords:
acquired right; consequence; cumulative decisions; pension; pensionable remuneration; reduction of salary; res judicata; scale;
Considerations 23-24
Extract:
The Tribunal holds that as a result of the further reduction in pensionable remuneration brought in on 1 April 1987 the complainants are "worse off, to an extent [...] that goes beyond the bounds of the ILO's discretionary authority"; the reduction is in breach of the essential terms of their employment. The Tribunal quashes the impugned decisions and makes the following ruling of principle: "if the amount of the pension each of them gets when the 1987 scale is taken into account proves to be at least 3 per cent lower than the amount he or she gets when it is not, compensation shall be due for any loss over and above the 3 per cent."
Keywords:
acquired right; breach; pension; pensionable remuneration; reduction of salary; scale; terms of appointment;
Judgment 963
66th Session, 1989
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainants received notification in their pay slips of a 0.7 per cent reduction in the refundable amount of education expenses which they had incurred. The organisation contends that the pay slips merely confirmed earlier decisions, viz. a general decision of 7 July 1987. The Tribunal holds that the impugned decisions were individual ones that cause the complainants injury, and not confirmations of earlier decisions.
Keywords:
cause of action; confirmatory decision; decision; deduction; education expenses; general decision; individual decision; payslip; receivability of the complaint; reduction of salary; refund; salary;
Consideration 5
Extract:
"Since the impugned decisions retroactively reduce the refundable amount of education expenses, they are unlawful and cannot stand."
Keywords:
allowance; amount; education expenses; non-retroactivity; reduction of salary; refund;
Consideration 5
Extract:
The complainants challenge Eurocontrol's decision to reduce the amount of education expenses to be refunded to them insofar as it applied retroactively. Though the Director General's decisions are the only ones the Tribunal may quash and those under challenge did not have retroactive effect, "a staff member may challenge in an individual appeal the lawfulness of any decision of the [Permanent] Commission's that affords the basis in law for a decision by the appointing authority if he believes the latter decision to be at odds - as indeed here the decisions are - with a rule or principle that governs the international civil service."
Keywords:
decision; education expenses; enforcement; executive head; international civil service principles; judicial review; legislative body; non-retroactivity; reduction of salary; refund; salary;
Judgment 961
66th Session, 1989
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4, Summary
Extract:
The Permanent Commission of Eurocontrol took a decision of policy to bring about a differential of up to 5 per cent between staff pensions in the European Communities and pensions in Eurocontrol. The complainants are challenging a general decision, not individual decisions. Not one of the complainants has retired. "Since the amount of the complainants' pension contributions is not under challenge, all that is material in this case is the amount each complainant will get when he retires. The Tribunal will not make a general ruling, being competent only to entertain individual and actual disputes, and it therefore declares the complaints irreceivable."
Keywords:
cause of action; competence of tribunal; general decision; individual decision; legislative body; pension; pension entitlements; receivability of the complaint; reduction of salary;
Judgment 960
66th Session, 1989
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The organisation argues that the complainant's internal appeal against the application of the amended scale of pensionable remuneration was time-barred. The plea fails. The Tribunal holds that "although [the complainant] must have known for over two years that amending the scale would have consequences when she left she could not know what the financial consequences would be."
Keywords:
amendment to the rules; amount; consequence; decision; internal appeal; pension; pensionable remuneration; receivability of the complaint; reduction of salary; retirement; scale; separation from service; start of time limit; time bar; time limit;
Consideration 6
Extract:
The purpose of the present complaint is the same as the purpose of the complaints which lead to Judgment 832. The rationale of that judgment and the ruling hold good. The Tribunal declares that "the ILO acted lawfully in adopting the new scale as from 1 April 1985, its decision was not in breach of any promise and did not have retroactive effect, and although it did cause the complainant financial injury the reasons were objective and the extent of the injury admissible."
Reference(s)
ILOAT Judgment(s): 832
Keywords:
acquired right; amendment to the rules; non-retroactivity; pension; pension entitlements; pensionable remuneration; reduction of salary; scale;
Judgment 936
65th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
"The conclusion is that the Council's approval of the new scales is null and void for two reasons: because no reasons for it are stated, and because it takes into account a factor, the Dutch levy, that the rules in force in the organisation do not provide for."
Keywords:
amendment to the rules; breach; decision; deduction; duty to substantiate decision; executive body; grounds; provision; reduction of salary; salary; scale; staff regulations and rules; written rule;
Judgment 902
64th Session, 1988
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 25
Extract:
The Permanent Commission of the Organisation took a decision bringing in a 5 per cent differential between pensions in Eurocontrol and pensions in the European Community. "Since the Commission is not the appointing authority its decisions are not subject to appeal".
Keywords:
competence of tribunal; complaint; condition; decision; decision-maker; legislative body; pension; pension entitlements; receivability of the complaint; reduction of salary;
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 897
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Following a promotion, the complainant was no longer entitled to a language allowance. In its place she was awarded a compensatory payment after an eighteen month delay. She regards the language allowance as part of her salary and seeks the grant of a further step. As in Judgment 737 the Tribunal dismisses her claims but awards her costs because of the delay in payment of compensation to which she was entitled.
Reference(s)
ILOAT Judgment(s): 737
Keywords:
administrative delay; compensatory allowance; compensatory measure; consequence; costs; discontinuance; language allowance; payment; promotion; reduction of salary; salary;
Judgment 838
62nd Session, 1987
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainants object to the FAO's adoption of a new scale to determine pensionable remuneration whose effect was to lower their pension entitlements. They submit that the application of certain provisions in the Staff Regulations and Staff Rules is in breach of their acquired rights and the rule against retroactivity. "Their complaints will [...] be receivable only if the application of those Regulations and Rules [causes] them injury. The Tribunal concludes from the material rules that it does not."
Keywords:
cause of action; no cause of action; pension; pension entitlements; pensionable remuneration; receivability of the complaint; reduction of salary; scale;
Judgment 837
62nd Session, 1987
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
See Judgment 838, summary.
Reference(s)
ILOAT Judgment(s): 838
Keywords:
cause of action; no cause of action; pension; pension entitlements; pensionable remuneration; receivability of the complaint; reduction of salary; scale;
Judgment 836
62nd Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
See Judgment 838, summary.
Reference(s)
ILOAT Judgment(s): 838
Keywords:
cause of action; no cause of action; pension; pension entitlements; pensionable remuneration; receivability of the complaint; reduction of salary; scale;
Judgment 835
62nd Session, 1987
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
See Judgment 838, summary.
Reference(s)
ILOAT Judgment(s): 838
Keywords:
cause of action; no cause of action; pension; pension entitlements; pensionable remuneration; receivability of the complaint; reduction of salary; scale;
Judgment 834
62nd Session, 1987
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
See Judgment 838, summary.
Reference(s)
ILOAT Judgment(s): 838
Keywords:
cause of action; no cause of action; pension; pension entitlements; pensionable remuneration; receivability of the complaint; reduction of salary; scale;
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 737
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The EPO Service Regulations provide for the grant of a language allowance to employees in grades B.1 and B.2. 'Promotion compensation' may be applied to officials in grade B.3 to ensure that they do not suffer a loss of total net remuneration.
Keywords:
compensatory allowance; compensatory measure; discontinuance; language allowance; promotion; reduction of salary; salary;
