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Increase (611,-666)
You searched for:
Keywords: Increase
Total judgments found: 23
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Judgment 3538
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge their April 2007 payslip showing an increase in their pension contributions.
Judgment keywords
Keywords:
complaint allowed; contribution rate; contributions; increase; joinder; pension;
Judgment 2783
106th Session, 2009
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 12-14
Extract:
The complainant, who parks his car in the Vienna International Centre (VIC), is challenging the decision to double the monthly parking fee effective 1 January 2007.
"In the present case, the impugned decision affects the complainant not as a staff member of the Agency but in his capacity as a user of the VIC garage. Moreover, the financial conditions governing the use of this garage, which is merely a facility offered to the staff of the various international organisations occupying the VIC, do not form part of the complainant's terms of appointment or of the Agency's Staff Regulations.
'While the payment of the fee for the use of the garage does in fact take the form of a direct deduction from the Agency's staff members' salaries, this is simply a means of payment adopted for convenience sake, which does not in any way alter the nature of the fee and does not, in particular, have the effect of incorporating it into the complainant's terms of employment. In this respect, the deduction is comparable to those which an employer may effect from an employee's wages for the purpose of paying, for example, a tax or contribution that is levied at source; here too, the fact that the tax or contribution is so deducted does not afford grounds for considering it to be part of the employee's terms of employment.
This dispute does not therefore fall within the scope of the [...] provisions of Article II, paragraph 5, of the Statute of the Tribunal."
Reference(s)
ILOAT reference: Article II, paragraph 5, of the Statute
Keywords:
amendment to the rules; amount; competence of tribunal; condition; contract; deduction; effect; facilities; iloat statute; increase; official; payment; provision; salary; staff regulations and rules; status of complainant; tax; terms of appointment;
Judgment 2782
106th Session, 2009
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
In order to execute Judgment 2560 the Organisation paid salary arrears not only to the officials who had filed the complaints that led to that judgment, but also to all other members of staff and to all former members of staff in receipt of a retirement pension. However, interest on arrears was paid only to the members of staff who had filed a complaint with the Tribunal; the complainant was not among them. He is consequently challenging the decision not to pay him interest on arrears.
"(a) In the absence of any particular rule requiring the Organisation to pay interest on arrears to a staff member where a benefit due to that person is paid belatedly, such interest is not in principle due until the creditor - i.e. the staff member to whom the benefit is owed - has served notice on the Organisation to pay. This apparently harsh solution is justified because no particular formalities are required for the service of such notice, it being sufficient for the creditor to request payment of the amount due. [...]
(b) However, this rule does not apply where the debt is one which falls due on a fixed date. In such a case the due date is equivalent to the service of notice (dies interpellat pro homine). The debtor owes interest on arrears as from that date, without any need for the creditor to establish that he or she has requested payment of the due sum. The same applies where the debt falls due periodically at a fixed date, as in the case of a salary.
The salary adjustment at issue forms an integral part of the salary. Moreover, the salary, plus increments, is due on precise dates at the end of every month. In the instant case the payment of the staff member's salary, including the adjustment thereto, did not depend on a request from that person. The claim for interest on arrears is therefore well founded."
Reference(s)
ILOAT Judgment(s): 2560
Keywords:
adjustment; amount; complainant; date; debt; delay; exception; execution of judgment; formal requirements; general principle; increase; interest on damages; no provision; organisation's duties; payment; request by a party; retirement; salary;
Judgment 2712
104th Session, 2008
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The Organization appointed a candidate who did not meet one of the conditions stipulated in the vacancy announcement. "[T]he fact that the appointment of the successful candidate, who happens to be Lebanese, conveniently enabled WIPO to achieve some of its management goals, such as that of increasing the proportion of women in senior management positions or that of the geographical distribution of its officials [...] is [...] irrelevant in this case. However legitimate these goals may be, they could not override the Organization's obligation to appoint to the post in question a candidate who possessed the required qualifications and experience initially stipulated. Geographical origin could be taken into consideration only if the opposing candidates were of equal merit."
Keywords:
appointment; candidate; competition; criteria; geographical distribution; increase; nationality; organisation; organisation's duties; place of origin; post; professional experience; purpose; qualifications; vacancy notice;
Judgment 2633
103rd Session, 2007
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"Where a decision to introduce a new pension scheme is taken on grounds of financial necessity, such as the need to address the rising cost of pensions, the Tribunal cannot consider it to be invalid merely because it leads to a situation that is less favourable to employees."
Keywords:
amendment to the rules; budgetary reasons; decision; decision quashed; grounds; increase; injury; judicial review; official; organisation's interest; pension; pension adjustment system;
Judgment 2515
100th Session, 2006
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
An international organisation cannot depart from its "obligation to inform staff members of the aspects of their performance or conduct that are said to be unsatisfactory and to provide them with an opportunity to remedy the situation". Failing that, any decision based on such grounds (such as, for example, refusal to grant a salary increment) would be considered as "not taken in good faith".
Keywords:
conduct; consequence; decision; duty to inform; good faith; grounds; increase; organisation's duties; refusal; step; subsidiary; unsatisfactory service;
Judgment 2414
98th Session, 2005
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 23
Extract:
"In Judgment 2170 the Tribunal described the requirement of Staff Rule 12.1.5 that an annual performance report be established prior to the scheduled date of a salary increment as 'a formal one' which had to be complied with. It is important to explain why that was so. A staff member whose service is not considered satisfactory is entitled to be informed in a timely manner as to the unsatisfactory aspects of his or her service so that steps can be taken to remedy the situation. Moreover, he or she is entitled to have objectives set in advance so that he or she will know the yardstick by which future performance will be assessed. These are fundamental aspects of the duty of an international organisation to act in good faith towards its staff members and to respect their dignity. That is why it was said in Judgment 2170 that an organisation must 'conduct its affairs in a way that allows its employees to rely on the fact that [its rules] will be followed'."
Reference(s)
Organization rules reference: Staff Rule 12.1.5 of the ITU
ILOAT Judgment(s): 2170
Keywords:
criteria; due process; duty to inform; good faith; increase; increment; interpretation; organisation's duties; output; patere legem; performance evaluation; performance report; respect for dignity; salary; staff regulations and rules; time limit; unsatisfactory service; work appraisal;
Consideration 24
Extract:
"The fundamental considerations which lead to the conclusion that an organisation must comply with the rules which it has established also dictate the conclusion that it cannot base an adverse decision on a staff member's unsatisfactory performance if it has not complied with the rules established to evaluate that performance." That is true for salary increments as well as for decisions not to convert or renew a contract.
Keywords:
contract; decision; due process; fixed-term; grounds; increase; increment; non-renewal of contract; patere legem; permanent appointment; salary; unsatisfactory service; work appraisal;
Judgment 2316
96th Session, 2004
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
The complainant wants to be granted her salary increment to step X retroactively. The ITU asserts that the complaint is inadmissible because in Judgment 2170 the Tribunal stated that those pleas were dismissed. "Judgment 2170 was concerned with the complainant's entitlement to her step VIII salary increment, her pleas regarding entitlement to salary increment for step [...] X being dismissed on the basis that they were not and could not be the subject of her first complaint. That being so, there was no final and binding decision on her present claim either expressly or as a necessary step to the decision that she was then entitled to a step VIII increment. Accordingly, the complaint is not barred by res judicata."
Reference(s)
ILOAT Judgment(s): 2170
Keywords:
absence of final decision; claim; complaint; condition; decision; express decision; general principle; grounds; iloat; increase; increment; judgment of the tribunal; receivability of the complaint; refusal; request by a party; res judicata; right;
Judgment 2170
94th Session, 2003
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
The Organisation withheld the complainant's salary increment on the grounds that more time was needed to assess her performance. It claims that the complainant refused to cooperate with evaluations. "If that were the case, it was the job of the administration to deal with the situation and not to act as if the complainant did not exist[...] while there is no doubt that an employee cannot obtain the right to an annual salary increment by deliberately sabotaging the reporting process, it is equally the case that an employer cannot deprive its staff of the increments to which they are entitled by failing to complete the necessary preliminary steps."
Keywords:
failure to answer claim; grounds; increase; increment; increment withheld; official; organisation; organisation's duties; performance report; procedure before the tribunal; refusal; right; salary; time limit; work appraisal;
Consideration 12
Extract:
The Organisation withheld the complainant's salary increment on the grounds that more time was needed to assess her performance. The Tribunal concludes from the relevant provisions that "the requirement that an annual performance report be established prior to the scheduled date of the annual salary increment is a formal one. The salary increment [...] was not preceded by an evaluation [...] it is the Organisation's responsibility to see to it that [an annual performance] report is prepared on time. a staff member's right to an increment cannot be defeated by the organisation's failure to comply with its own rules."
Keywords:
applicable law; binding character; breach; consequence; date; grounds; increase; increment; increment withheld; official; organisation; organisation's duties; performance report; provision; refusal; right; salary; time limit; written rule;
Judgment 2089
92nd Session, 2002
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"To accept that pensions must always be adjusted to keep in line with post-retirement salary increases would be to expose pension funds to an uncertain and unmeasurable future liability which might well in the end wipe out the funds themselves."
Keywords:
acceptance; adjustment; discontinuance; increase; pension; pension adjustment system; retirement; salary; separation from service; special hazard; subsequent fact; unjspf;
Judgment 2057
91st Session, 2001
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
Following Judgments 1682 and 1887, adjustments of the 1995-1996 salary scales have been retroactively raised. The organisation paid the difference in salary but did not adjust the salary scales for the following years (those salary scales had been calculated based on the old 1995-1996 salary scales). The Tribunal states that "the [organisation]'s retroactive reconstitution of the adjustments had the paradoxical effect of limiting the application of the [...] staff's improved salary scales to a single year, and of reducing their salary levels [...] after [...] 1996. The result is an impairment of rights: staff are entitled to expect that any adjustments to their pay will be made on the basis of the salary scales which were established lawfully for the period preceding the adjustment."
Reference(s)
ILOAT Judgment(s): 1682, 1887
Keywords:
accumulation; adjustment; date; effect; increase; official; purport; right; salary; scale;
Judgment 2018
90th Session, 2001
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
The decision not to confirm the complainant's appointment after a probationary period and to terminate his employment prior to the expiry of his fixed-term contract is quashed. "The complainant is entitled to be reinstated in his post or in one of an equivalent grade with full salary and benefits (including any salary increases which he would have received if he had not been terminated) to the end of his fixed-term appointment."
Keywords:
allowance; condition; contract; date; fixed-term; grade; increase; post; post held by the complainant; probationary period; reconstruction of career; refusal; reinstatement; right; salary; termination of employment;
Judgment 1641
83rd Session, 1997
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainants are challenging the methodology laid down for carrying out salary surveys and a decision by WIPO reflected in their pay slips to apply that method. The Tribunal holds that they have a cause of action, which is is to obtain from the Tribunal "a declaration that the rule and the decision they are challenging would still be unlawful even if they had later got the increase that was withheld for the six months prior to the general survey. They would indeed have been slightly better off had they received the increase earlier. They are also entitled to a decision as to whether the rule they are challenging holds good for the future."
Keywords:
adjustment; cause of action; decision; decision quashed; increase; increment withheld; inquiry; investigation; payslip; receivability of the complaint; salary; scale;
Judgment 1392
78th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 34
Extract:
Whereas the right to a pension "is no doubt inviolable, a pension contribution is by its very nature subject to variation [...]. Far from infringing any acquired right a rise in contribution that is warranted for sound actuarial reasons [...] actually affords the best safeguard against the threat that lack of foresight may pose to the future value of pension benefits."
Keywords:
acquired right; actuarial valuation; contributions; increase; pension;
Consideration 36
Extract:
The complainant objects to the actuarial method which the organisation used in a study of the pension fund's foreseeable costs. "Like any public authority, the EPO enjoys a presumption in its favour - especially when it is taking technical measures and it has done thorough preparatory work - that its choice of actuarial method is the most suitable and the fairest. [...] It is of course open to a staff member under a system of administrative law to challenge the organisation's choice, but he must be able to adduce evidence to show why the chosen method, when compared with others, may suffer from technical flaws that should have disqualified it."
Keywords:
actuarial valuation; burden of proof; contributions; discretion; evidence; increase; judicial review; mistake of fact; organisation; pension; reckoning; right of appeal;
Judgment 1086
70th Session, 1991
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
In keeping with the Flemming principle and to make up for the end-of-service allowance paid to employees in Austria's private sector, general service staff at the IAEA, whose headquarters are in Vienna, got a percentage increase in gross salary from 1972 to 1987. As from 1987 the Agency brought in a system comparable to the one in Austrian enterprises. The complainants object to the IAEA's discounting service up to 1972 in reckoning the allowance. The Tribunal holds that by providing for a non-retroactive increase in applicable salary the Agency took a decision which had become final and that by replacing a system in force since 1972 by another was not in breach of any acquired right. No matter which method it followed, the Agency had complied with the Flemming principle.
Keywords:
compensatory measure; flemming principle; increase; non-retroactivity; salary; terminal entitlements; terms of appointment; time bar;
Judgment 1062
70th Session, 1991
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Article 38(3) of the EPO Service Regulations says that the General Advisory Committee, a joint body comprising staff and management representatives, shall be responsible for giving a "reasoned opinion" - except in cases of obvious urgency - on any proposal which concerns the whole or part of the staff. The aim of the provision is to encourage proper consultation between the two sides and that means giving the Committee enough information. At issue is the decision to raise from 1 January 1988 the staff's contributions to the organisation's collective insurance against the risks of death and invalidity. But the Committee did not have the information on which to base "a reasoned opinion" until its meeting of 24 and 25 November. The Tribunal will therefore quash the EPO's decision to increase his contributions for the period from 1 January to 25 November 1988.
Reference(s)
Organization rules reference: ARTICLE 38.3 OF THE EPO SERVICE REGULATIONS
Keywords:
advisory body; advisory opinion; consultation; contributions; increase; insurance; organisation's duties;
Judgment 699
57th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Article 59 of the EPO Service Regulations provides that the President shall lay down the list of applicable public holidays up to a maximum of ten days. On 8 November 1983 the President issued a list of 14 public holidays, the four additional working days lost to be made up by extending working hours for a time by half-an-hour. The Tribunal holds that while the President may ignore the ten-day limit he may not put the number of hours in the working week at more than 40 except when they are remunerated or made necessary by abnormal circumstances. In the instant case such circumstances do not exist.
Reference(s)
Organization rules reference: ARTICLE 59 OF THE EPO SERVICE REGULATIONS
Keywords:
compensatory measure; discretion; increase; judicial review; leave; overtime; public holiday; working hours;
Judgment 424
45th Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"First, if the organization grants a salary increase, not of its own accord, but as the result of appeal proceedings duly introduced by the official, the increase will take effect from the date on which the proceedings were introduced. Otherwise an official who obtains satisfaction without taking action would enjoy an unfair advantage over an official who has been obliged to take steps to pursue his claim. Secondly, if the transfer procedure is unreasonably prolonged for causes attributable to the organization, the official should not suffer for the delay. The increase will therefore take effect on the date on which it ought to have been granted."
Keywords:
date; effective date; increase; internal appeal; salary;
Judgment 366
41st Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"[E]ven if a staff member gets no salary increase on promotion his position is not necessarily just as before. Not only may he be given work which will give him greater satisfaction but he will be better placed for further promotion which does bring a salary increase."
Keywords:
consequence; increase; promotion; salary;
Judgment 365
41st Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
Vide Judgment 366, consideration 9.
Reference(s)
ILOAT Judgment(s): 366
Keywords:
consequence; increase; promotion; salary;
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