Judgment No. 4591

• Organization: European Organisation for the Safety of Air Navigation (Eurocontrol)
• Date: 01.02.2023
• Original: French
• Judges: Frydman, Jaumotte, Gascon
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

The complainant challenges the reduction in the amount of his functional allowance calculated in proportion to the reduction in his working hours.

Judgment keywords

Keywords

part-time employment; allowance; special post allowance; complaint dismissed

Consideration 5

Extract:

The complainant also complains that no explanation was provided to him with his payslip [...].
The Tribunal considers, however, [...] that an automatic decision, such as that to reduce the amount of an [...] allowance, is simply the consequence of putting into practice the change in the complainant’s working hours to which he had agreed and that the applicable rules are sufficiently clear. There is therefore no requirement for the Organisation to provide a more detailed formal explanation than that which appeared on the payslip sent to the complainant [...]. By reading that payslip, the complainant was able to understand that the amount of his allowance had been reduced by 20 per cent. It was therefore open to him to familiarise himself with the relevant provisions and, if necessary, to request further information in that regard.

Keywords

payslip; motivation; motivation of final decision

Consideration 7

Extract:

The Tribunal considers [...] that the complainant has failed to establish, particularly in view of the small amount of money at stake compared with the amount of his remuneration, that the time taken to issue a decision on his internal complaint caused him any moral damage (see, to the same effect, Judgments 4487, consideration 14, and 4469, consideration 16).

Reference(s)

ILOAT Judgment(s): 4469, 4487

Keywords

moral injury; delay