Cost-of-living weighting (370,-666)

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Keywords: Cost-of-living weighting
Total judgments found: 4

• Judgment 2632

  
  103rd Session, 2007
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 13

  Extract:

  "[T]he complainants assert that their acquired rights were breached because the Agency abandoned a practice, applied to them from 1 January to 30 June 2005, involving the application to pensions of the same weightings as were applied to the remuneration of serving officials. But a practice of salary and pension adjustment, even where repeated, does not bind the Organisation that adopted it, which is at liberty to abandon it provided that it does so lawfully (see in this connection Judgment 2089). As for acquired rights, they could not be held to have been breached unless the contested reform impaired a fundamental and essential term of the complainants' conditions of appointment, which include the right to a pension (see aforementioned Judgment 2089 and the case law cited therein). This is clearly not the case here."

  Reference(s)

  ILOAT Judgment(s): 2089
  

  Keywords:

  acquired right; adjustment; amendment to the rules; breach; condition; cost-of-living weighting; discretion; enforcement; formal requirements; injury; organisation's duties; pension; pension adjustment system; pension entitlements; practice; salary; terms of appointment;
  

  
  
  

• Judgment 1196

  
  73rd Session, 1992
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 15 to 18

  Extract:

  The Organization repealed Staff Regulation 3.1 bis. The complainants contend that this impaired their acquired rights and the stability of their conditions of pay in breach of Regulation 12.1. "In point of principle a rule calculated to achieve stability, like 3.1 bis, serves the lawful purpose of protecting against the erosion of pay by monetary trends, a factor extraneous to the contract of employment, and once the staff have been granted such a safeguard the rule-making authority may not arbitrarily do away with it. But [...] there was objective cause to repeal 3.1 bis in that it had entailed adjusting pay only when the dollar fell on the exchange market but not when it rose above any given point. There was potential - depending on currency fluctuation - for an undue increase in pay constituting a lasting charge to WIPO's budget which was no more warranted than it would have been for the Organization to make savings if the dollar fell. The conclusion is that because of the untoward effects the old rule might have [WIPO] was right to repeal it. Repeal was not in breach of the staff's acquired rights".

  Reference(s)

  Organization rules reference: FORMER WIPO STAFF REGULATION 3.1 BIS; WIPO STAFF REGULATION 12.1
  
  

  Keywords:

  acquired right; adjustment; amendment to the rules; cost-of-living weighting; currency of payment; exchange rate; international civil service principles; salary; staff regulations and rules; unjust enrichment;
  

  
  
  

• 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;