Judgment No. 2972
Decision
1. The decisions of 21 August 2008 are set aside.
2. The EPO shall pay each complainant an allowance and interest in accordance with consideration 10.
3. It shall also pay each complainant costs in the amount of 750 euros.
4. The complaints are otherwise dismissed.
Consideration 6
Extract:
Existence of an acquired right to work night shifts and to receive the corresponding allowance.
"An acquired right is breached when 'an amendment adversely affects the balance of contractual obligations by altering fundamental terms of employment in consideration of which the official accepted an appointment, or which subsequently induced him or her to stay on' (see Judgment 2682, under 6)."
Reference(s)
ILOAT Judgment(s): 2682
Keywords
acquired right; amendment to the rules; breach; terms of appointment; contract; acceptance; condition
Consideration 6
Extract:
"An acquired right may derive 'from the terms of appointment, the staff rules or from a decision' (see Judgment 2696, under 5)."
Reference(s)
ILOAT Judgment(s): 2696
Keywords
decision; acquired right; staff regulations and rules; terms of appointment
Consideration 7
Extract:
"[A]n international organisation 'necessarily has power to restructure some or all of its departments or units, including by the abolition of posts,[...] and the redeployment of staff' (see Judgment 2510, under 10). The notion of redeployment is apt to include not only assignment to different posts, but also the assignment of new or different shift work patterns."
Reference(s)
ILOAT Judgment(s): 2510
Keywords
assignment; post; abolition of post; reorganisation; working conditions; working hours; other
Consideration 8
Extract:
"Once it is accepted that an organisation has a right to assign new or different shift work patterns, it follows that a particular shift work pattern cannot constitute an acquired right."
Keywords
organisation; acquired right; assignment; reorganisation; working conditions; working hours; right
Consideration 8
Extract:
"It was recognised in Judgment 666 that 'an allowance may form an essential part of the official's contract [...] and its abolition would therefore constitute breach of [an] acquired right'. However, it was also said in that case that an official 'has no acquired right to the actual amount of the allowance or to continuance of any particular method of reckoning it. Indeed, he must expect these to change as circumstances change'."
Reference(s)
ILOAT Judgment(s): 666
Keywords
amount; acquired right; terms of appointment; contract; allowance; night differential; payment
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