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You searched for:
Keywords: Salary
Total judgments found: 233

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• Judgment 3492

  
  120th Session, 2015
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant takes issue with the fact that her remuneration is lower than that received by a colleague in a lower grade.

  Judgment keywords

  Keywords:

  complaint dismissed; equal treatment; grade; salary;
  

  
  
  

• Judgment 3408

  
  119th Session, 2015
  European Southern Observatory
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainants unsuccessfully challenge the decision to apply to them a salary adjustment index they considered illegal.

  Judgment keywords

  Keywords:

  adjustment; complaint dismissed; joinder; salary;
  

  Considerations 8 and 9

  Extract:

  The next contention of the complainants is that there is a clear principle that any methodology of adjustment of, amongst other things, salaries must ensure that the results are “stable, foreseeable and clearly understood”, referring to Judgment 1265, consideration 27, and Judgment 1821, consideration 7. They contend that this principle has been violated, at least in the sense that a methodology yielding a negative salary adjustment could not be “clearly understood” and, presumably, was not clearly understood. The complainants refer to the fact that the Finance Committee meeting in November 2011 was in a restricted session and that the Staff Association was not given access to the minutes of that meeting and that of the Council of December 2011. In the brief the concluding submission is that “the Staff Association, through its representatives, and consequently the complainants, were not informed of all the data behind the Council’s decision and consequently, could not understand the results arrived at”. However the die was cast and the method of computation established by the decision of the Tripartite Group at its meeting of 8 March 2011 to recommend, as the minutes record, “[the application of] an exact adjustment for the year 2011 [of minus 1.5 per cent] to the 2012 salary adjustment calculation”. It is true that the minutes also record concerns about the quality of the data input, the availability of the data and its (the methodology’s) retroactive changes. However, insofar as the adjustment of minus 1.5 per cent is concerned, there was, after March 2011, ample opportunity for the representatives of the staff to consult with the Administration about the calculation of the minus 1.5 per cent. Moreover, the jurisprudence the complainants rely on concerns methodology, not the minutiae of particular data used when applying the methodology. The real grievance is with the result, namely a reduction in salaries and other emoluments. That is not to say that data is always immune from challenge. Indeed, the complainants seek to challenge data on the third basis identified earlier.
  The challenge to the data is based on the principle, as described in the brief, that “international organisations are bound under law to check that the decision of an external authority is legal, before incorporating it within their own legal order”. The complainants refer to Judgments 382, consideration 6, 825, consideration 18, 1000, consideration 12, 1265, considerations 21 and 24, 1713, consideration 3, 2303, consideration 7, and 2420, consideration 11.

  Reference(s)

  ILOAT Judgment(s): 382, 825, 1000, 1265, 1265, 1713, 1821, 2303, 2420
  

  Keywords:

  competence of tribunal; general decision; salary;
  

  
  
  

• Judgment 3373

  
  118th Session, 2014
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The Tribunal stated that the Organisation, after having outsourced a part of the complainant's duties, breached its duty of care because it failed to ensure that the implementation of the arrangement did not place the complainant in financial difficulties.

  Consideration 7

  Extract:

  "The evidence on file shows that the outsourcing of some of the complainant’s duties resulted in a sharp drop in his level of remuneration. He had a legitimate expectation that his remuneration would remain stable."

  Keywords:

  outsourcing; salary;
  

  
  
  

• Judgment 3360

  
  118th Session, 2014
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The Tribunal dismissed the complaints seeking a review of the decision to apply to the complainants’ salaries the post adjustment calculated on the basis of the ICSC 2010 cost-of-living survey for Vienna.

  Judgment keywords

  Keywords:

  complaint dismissed; cost-of-living increase; noblemaire principle; post adjustment; salary;
  

  Consideration 7

  Extract:

  "While ideally, the ICSC would be able to use only precise numbers to reflect staff rents for each duty station, the reality is that it would be excessively cumbersome to adopt that methodology, particularly considering that the rates would not undergo drastic changes from the estimated numbers that are currently used. Considering the overall goal of establishing and maintaining purchasing parity among the various duty stations and the difficulty associated with calculating costs using every single staff member’s precise information, the Tribunal concludes that it is not unreasonable for the ICSC to adopt a system of estimation in the interest of efficiency and brevity. The Tribunal is satisfied that the methodology used was established pursuant to a prescribed, transparent process, without any vitiating errors of fact or law."

  Keywords:

  icsc decision; salary;
  

  
  
  

• Judgment 3324

  
  117th Session, 2014
  World Customs Organization (Customs Co-operation Council)
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant impugns the decision to not apply the salary adjustment recommended by the Co-ordinating Committee on Remuneration of the system of Co-ordinated Organisations for officials serving in Belgium, in violation of the internal rules of the organisation.

  Judgment keywords

  Keywords:

  adjustment; case sent back to organisation; complaint allowed; decision quashed; salary;
  

  
  
  

• Judgment 3289

  
  116th Session, 2014
  World Trade Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant received a written censure for failing to comply with the procedure of authorizing outside activities and remuneration.

  Judgment keywords

  Keywords:

  breach; censure; complaint allowed; consultation; disciplinary measure; flaw; misconduct; outside activity; salary;
  

  
  
  

• Judgment 3281

  
  116th Session, 2014
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: Tax refunds due as a result of tax credits.

  Judgment keywords

  Keywords:

  case sent back to organisation; complaint allowed; decision quashed; domestic law; member state; organisation's duties; payment; reckoning; refund; salary; staff regulations and rules; status of complainant; tax;
  

  
  
  

• Judgment 3226

  
  115th Session, 2013
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant contests the calculation of her salary for one particular month and the refusal of WIPO to spread the reimbursement of the amount unduly paid to her.

  Judgment keywords

  Keywords:

  complaint allowed; reckoning; recovery of overpayment; salary;
  

  
  
  

• Judgment 3180

  
  114th Session, 2013
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant claims interest for the late payment of the back pay resulting from a salary adjustment.

  Consideration 13

  Extract:

  "[T]he complainant is [...] entitled to claim interest for the late payment of the back pay resulting from [...] a [salary] adjustment."

  Keywords:

  adjustment; amount; claim; delay; interest on damages; payment; salary;
  

  Judgment keywords

  Keywords:

  adjustment; complaint allowed; decision quashed; delay in payment; interest on damages; salary;
  

  Consideration 12

  Extract:

  [A] salary adjustment forms an integral part of a salary and that a salary, plus increments, is due on precise dates at the end of every month.

  Keywords:

  adjustment; salary;
  

  
  
  

• Judgment 3100

  
  112th Session, 2012
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Judgment keywords

  Keywords:

  complaint dismissed; deduction; salary;
  

  
  
  

• Judgment 3020

  
  111th Session, 2011
  World Trade Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  WTO Staff Rule 106.11 provides that "[n]ational income tax on salaries, allowances, indemnities or grants paid by the WTO shall be refunded to the staff member by the WTO." The complainant considers that her salary is indirectly taxed, because it is included in the assessment of her husband's rate of income tax. The Organization rejected her claims for reimbursement of what she describes as "over-taxation by the Swiss tax authorities". The Tribunal holds that "[t]he refusal to provide compensation for the additional amount of tax unfairly levied on the couple's income solely because of the complainant's earned income, although it was exempt from taxation, would have a paradoxical effect. A rule designed to guarantee equal wages would lead to unjustifiable inequality between an official whose earned income was unduly taxed although it was by law exempt from taxation and an official whose tax-exempt salary was taken into account for assessment purposes, thus reducing his/her spouse's disposable income after tax and therefore his/her economic capacity from which the official living with him/her naturally benefits. The impugned decision is therefore unlawful."

  Reference(s)

  Organization rules reference: WTO Staff Rule 106.11
  
  

  Keywords:

  allowance; breach; compensatory allowance; decision quashed; deduction; domestic law; effect; equal treatment; grounds; marital status; official; organisation; payment; purpose; rate; reckoning; recovery of overpayment; reduction of salary; refund; refusal; request by a party; safeguard; salary; staff regulations and rules; status of complainant; tax; written rule;
  

  
  
  

• Judgment 3019

  
  111th Session, 2011
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  Automatic coverage of spouses under the Organisation's long-term health insurance / Obligation to file a waiver declaration.
  "The automatic coverage applied by the Implementing Rules cannot be deemed unreasonable. It is clear that under the system chosen by the Organisation some staff members may be slightly financially penalised if they fail to opt out of the scheme, as their automatic coverage will entail consequent deductions from their salaries. However, in evaluating the possible outcome resulting from automatic coverage and that resulting from a lack of coverage, the Organisation evidently considered that the outcome could be worse in the latter situation as staff members who neglected to enrol their spouses in the long-term care insurance scheme could suffer the severe financial consequences of not being insured when the need arose, and the Tribunal cannot regard the Organisation's choice as unreasonable."

  Keywords:

  deduction; dependant; health insurance; insurance; medical expenses; organisation; practice; salary; social benefits;
  

  
  
  

• Judgment 2988

  
  110th Session, 2011
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  Application for execution of Judgment 2786.
  "[A]n organisation has a duty to calculate staff salaries and benefits in accordance with its regulations and rules. This applies equally to the calculation of the amount due for salary and benefits pursuant to a judgment of the Tribunal."

  Reference(s)

  ILOAT Judgment(s): 2786
  

  Keywords:

  allowance; application for execution; execution of judgment; payment; salary;
  

  
  
  

• Judgment 2938

  
  109th Session, 2010
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "The Tribunal has determined that a staff member on leave on personal grounds is ipso facto no longer performing the duties of his former post and that, although during this leave he continues to be an official, the rights arising from the performance of his duties - remuneration, promotion, guarantee of employment, etc. - are suspended until he is reinstated. In the interests of the service the Agency may therefore use the vacant post (see Judgment 416, under 2). At the end of leave on personal grounds the employer nonetheless has a duty to reinstate the official provided that the two cumulative conditions laid down by [...] Article 40 [of the General Conditions of Employment Governing Servants at the Eurocontrol Maastricht Centre] are met: firstly, there must be a vacant post and, secondly, the staff member must be qualified for it (see Judgment 2034, under 11). This duty must be fulfilled promptly and with due regard for the dignity of the staff member concerned and the principle of good faith."

  Reference(s)

  Organization rules reference: Article 40 of the General Conditions of Employment Governing Servants at the Eurocontrol Maastricht Centre
  ILOAT Judgment(s): 416, 2034
  

  Keywords:

  accumulation; assignment; compassionate leave; condition; consequence; general principle; good faith; organisation's duties; organisation's interest; period; post held by the complainant; promotion; qualifications; reinstatement; respect for dignity; right; safeguard; salary; security of tenure; special leave; staff regulations and rules; status of complainant; vacancy;
  

  
  
  

• 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 5

  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.
  "It is not disputed that only the parties to the proceedings leading to the delivery of Judgment 2560 could seek its enforcement. But this does not mean that that judgment remains without effect for staff members who, although they did not participate in those proceedings, are de facto in a situation identical to that of colleagues who did. It is clear from Judgment 2560 that the Organisation breached the provisions of the Staff Regulations by not taking any measure to adjust salaries and pensions for the period under consideration. Staff members who were not party to the proceedings are entitled, for the same reasons as those stated in the judgment, to receive the salary arrears paid to the staff members who participated in those proceedings, provided that they are in the same situation.
  Consequently, in deciding to extend the scope of Judgment 2560 to all serving or retired members of staff, the Organisation [...] perform[ed] a legal obligation."

  Reference(s)

  ILOAT Judgment(s): 2560
  

  Keywords:

  adjustment; breach; complainant; effect; execution of judgment; grounds; limits; organisation's duties; payment; pension; purport; res judicata; retirement; right; salary; same cause of action; staff regulations and rules;
  

  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 2721

  
  105th Session, 2008
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "The Tribunal again emphasises that it is essential that both salaries and pensions be paid punctually and in full, if only on account of the precise commitments which beneficiaries may have to honour on a daily basis (see Judgment 2381, under 3)."

  Reference(s)

  ILOAT Judgment(s): 2381
  

  Keywords:

  application for execution; organisation's duties; payment; pension; salary;
  

  
  
  

• Judgment 2649

  
  103rd Session, 2007
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  Acting in his capacity as Chairman of the Staff Committee of the EPO's sub-office in Vienna, the complainant submitted a request to the President of the Office that the "staff salary scales mentioned in the annex to Part 2 of the Codex" be forwarded to all agencies supplying temporary personnel to the Office. The President refused to grant the request submitted to him, denying that temporary workers were entitled to remuneration equal to that of EPO staff and underlining that neither the Service Regulations nor the conditions of employment for contract staff applied to temporary workers. The EPO submits that the complainant does not have locus standi to represent temporary workers supplied to the Office. "It is well settled that members of the Staff Committee may rely on their position as such to ensure observance of the Service Regulations (see Judgments 1147 and 1897); but in order for a complaint submitted to the Tribunal on behalf of a Staff Committee to be receivable, it must allege a breach of guarantees which the Organisation is legally bound to provide to staff who are connected with the Office by an employment contract or who have permanent employee status, this being a sine qua non for the Tribunal's jurisdiction. In the absence of such a connection resting on a contract or deriving from status, the claim that the Office should forward its salary scales to agencies supplying temporary personnel - whose conditions of employment and remuneration are in any event beyond the jurisdiction of the Tribunal - cannot be entertained."

  Reference(s)

  ILOAT Judgment(s): 1147, 1897
  

  Keywords:

  breach; claim; communication to third party; competence of tribunal; complaint; condition; contract; enforcement; equal treatment; executive head; external collaborator; locus standi; no provision; official; organisation's duties; provision; receivability of the complaint; refusal; request by a party; right; safeguard; salary; scale; staff regulations and rules; staff representative; staff union; terms of appointment; vested competence;
  

  
  
  

• 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 2610

  
  102nd Session, 2007
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  "While it is highly desirable that staff representatives should be allowed to participate in operations to determine their colleagues' remuneration, this can in no way affect the right of each staff member to avail himself or herself of the means of redress which are open to him or her and which constitute a fundamental safeguard for international civil servants. The ICSC is therefore mistaken in believing that it can rely on the theory of estoppel vis-à-vis the complainants by arguing that staff representatives are supposed to act on behalf of all the members of the personnel and that 'their actions should be considered as legally attributable to each and every one of the staff they represent'."

  Keywords:

  adjustment; general principle; icsc decision; internal appeal; official; receivability of the complaint; right of appeal; safeguard; salary; scale; staff representative;
  

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