Judgment No. 1682
Decision
1. The decisions of 11 September 1995 by the Director-general of EMBL are quashed insofar as they refused to review the complainants' entitlements to adjustments in pay for 1995.
2. The complainants are sent back so that the Laboratory may take new decisions as set out under 6, 8 and 9.
3. The Laboratory shall pay them a total of 20,000 French francs in costs.
4. Their other claims are dismissed.
5. The applications to intervene are allowed insofar as the interveners are in the same position in fact and in law as the complainants.
Consideration 3
Extract:
"The decisions taken by the [Organisation] each year on pay fully supersede earlier ones. In entertaining challenges to individual decisions on the complainants' pay [...] the Tribunal will look at the latest decision [...] on pay scales."
Keywords
complaint; decision; general decision; individual decision; receivability of the complaint; period; salary; scale; adjustment
Consideration 6
Extract:
"True, Article R 4 1.01 [of the EMBL Staff Regulations] does not commit [the EMBL] to granting [its staff] all the adjustments that apply to the staff of the coordinated organizations. Yet the provision does not leave it quite free to apply only in part, let alone to cast aside altogether, the decisions of those organisations. [...] Of course it may switch to another system or standard of reference [...] but as long as [...] the system [...] holds good [...] the staff are entitled to the safeguards that R 4 1.01 bestows: objective arbitrament and sure figures."
Reference(s)
Organization rules reference: ARTICLE R 4 1.01 OF EMBL STAFF REGULATIONS
Keywords
organisation's duties; rule of another organisation; coordinated organisations; staff regulations and rules; amendment to the rules; salary; scale; adjustment; safeguard
Consideration 9
Extract:
"The Tribunal may not itself set the complainants' pay: it must respect the Council's discretion [...]. It therefore sends the case back so that the Laboratory may, in keeping with its own self-imposed rules, set pay scales [...]."
Keywords
salary; adjustment; judicial review; discretion; limits
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