Judgment No. 4766
Decision
The complaint is dismissed.
Summary
The complainant requests a compensatory allowance to offset financial losses resulting from a restructuring.
Judgment keywords
Keywords
compensatory allowance; reorganisation; complaint dismissed
Consideration 2
Extract:
First of all, the Tribunal recalls its settled case law that decisions concerning the restructuring of an international organisation, including to abolish posts, may be taken at the discretion of the organisation’s executive head and are consequently subject to only limited review. Accordingly, the Tribunal shall confine itself to ascertaining whether such decisions are taken in accordance with the relevant rules on competence, form or procedure, whether they rest on a mistake of fact or of law or whether they constitute abuse of authority. The Tribunal shall not rule on the appropriateness of a restructuring or of individual decisions relating to it, and it shall not substitute the organisation’s view with its own (see, for example, Judgments 4608, consideration 7, 4503, consideration 11, and 4405, consideration 2).
Reference(s)
ILOAT Judgment(s): 4405, 4503, 4608
Keywords
reorganisation; judicial review; discretion
Consideration 4
Extract:
[T]he Tribunal recalls that, according to established case law, an acquired right is breached only when the amendment of a rule to the official’s detriment and without her or his consent disturbs the structure of the contract of appointment or impairs fundamental terms of appointment in consideration of which the official accepted appointment (see, in particular, Judgments 4381, consideration 14, 4195, consideration 7, and 4028, consideration 13).
In the present case, there can be no question of any breach of the complainant’s acquired rights. In view of the relative amount involved, the pay reduction at issue cannot be regarded as disturbing the structure of the contract of appointment or impairing fundamental terms of appointment in consideration of which the complainant joined Eurocontrol.
Reference(s)
ILOAT Judgment(s): 4028, 4195, 4381
Keywords
acquired right
Consideration 5
Extract:
[T]hat was not the case of the complainant who was therefore not in an identical or similar situation to that of those two other staff members and so cannot legitimately rely on a breach of the principle of equal treatment (see, for example, Judgments 4712, consideration 5, 4681, consideration 9, and 4498, consideration 27).
Reference(s)
ILOAT Judgment(s): 4498, 4681, 4712
Keywords
equal treatment
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