Reckoning (275,-666)
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Keywords: Reckoning
Total judgments found: 82
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Judgment 734
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant alleges breach of the principle of equality by a change in the rules governing the reckoning of professional experience from 1 January 1981 which is unfavourable to officials who, like himself, were recruited after that date. The Tribunal holds that the principle of equality does not require that officials appointed at different times should be treated alike.
Reference(s)
ILOAT Judgment(s): 694, 695
Keywords:
administrative instruction; amendment to the rules; appointment; date; difference; enforcement; equal treatment; professional experience; provision; reckoning; seniority;
Judgment 721
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"As regards determination of step, the Tribunal merely observes that the President has recently issued instructions which are more favourable to the staff but the EPO is refusing to apply them to former institute officials. The Tribunal sees no reason of law or equity for such discrimination and for such unfair treatment of staff members".
Keywords:
administrative instruction; amendment to the rules; enforcement; equal treatment; provision; reckoning; seniority;
Judgment 666
56th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"As the Tribunal has consistently held, an allowance may form an essential part of the official's contract in that he considered it to be of decisive importance when he accepted employment, and its abolition would therefore constitute breach of an acquired right; but he 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."
Keywords:
acquired right; allowance; amendment to the rules; amount; case law; discontinuance; education expenses; reckoning;
Judgment 656
55th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Although the experience of examiners and translators counts only in part the reason is that it is of limited use to them in performing their duties at the EPO. But the reason why the experience of lawyers counts in full is that, as the EPO actually admits, they are able to adapt quickly to their new duties [...]. In other words, the difference in the calculation of seniority is due to a difference of fact and there is no tipping of the balance that needs to be offset. What the EPO describes as a kind of compensation in the counting of months is in fact a breach of the principle of equality."
Keywords:
difference; equal treatment; professional experience; rate; reckoning; seniority;
Consideration 5
Extract:
"The EPO may determine questions of seniority according to more or less formal criteria. Thus it may, for example, discount months altogether in reckoning different groups of staff. Accordingly, the practice of discounting months short of one year in reckoning the seniority of all who are lawyers is not in itself a breach of the principle of equality. The breach of the principle lies in treating examiners and translators more favourably than lawyers."
Keywords:
criteria; difference; equal treatment; professional experience; reckoning; seniority;
Judgment 615
53rd Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"A dispute over the calculation of deductions to be made in the event of a strike is not tantamount to impediment of the right to strike. There will be such impediment only where some act is committed that is of such gravity as to disturb the proper balance between the rights and duties of the parties."
Keywords:
deduction; reckoning; right to strike; salary; strike;
Judgment 598
52nd Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
By assimilating military and technical co-operation, the President erred in law. "The error of law does not mean that the Tribunal gives the complainant full satisfaction. Not every form of co-operation service necessarily has to count. Subject to review by the Tribunal, the President is free to exercise his discretion, having regard to the [relevant] guidelines."
Keywords:
cooperation service; discretion; professional experience; reckoning; seniority;
Consideration 5
Extract:
"Military and technical co-operation service cannot be assimilated. [...] When the council decided to discount military service in reckoning professional experience, it meant and indeed could only mean military service as such. The President therefore erred in law in founding his decision on an assimilation of military and technical co-operation service."
Keywords:
cooperation service; difference; flaw; military service; professional experience; reckoning;
Judgment 597
52nd Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
Vide Judgment 598, consideration 6.
Reference(s)
ILOAT Judgment(s): 598
Keywords:
cooperation service; discretion; professional experience; reckoning; seniority;
Consideration 6
Extract:
See Judgment 598, consideration 5.
Reference(s)
ILOAT Judgment(s): 598
Keywords:
cooperation service; difference; flaw; military service; professional experience; reckoning;
Judgment 572
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"While [the system] gives the President a discretionary power [with respect to the calculation of seniority], it is not disputed that the rules themselves and the decisions made thereunder must conform with the principle of equality of treatment."
Keywords:
discretion; equal treatment; limits; professional experience; reckoning; seniority; step;
Judgment 569
51st Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant contends that the injured party should not have to bear the risk of an erroneous assumption which diminishes the amount of compensation and the Tribunal should arrive at a reasonable amount which will place the complainant in the position he would have been in if he had not been wrongfully dismissed. "This is certainly the general objective in the assessment of compensation for wrongful dismissal. But it does not mean that all assumptions are to be made in favour of the injured party so as to avoid the risk that he may suffer from an erroneous assessment."
Keywords:
amount; reckoning; termination of employment;
Judgment 566
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The parties are agreed that a staff member who goes on strike is not entitled to payment for the period during which he has ceased to work. This is a corollary of the principle which says that remuneration is due only for services rendered. The sole point in dispute is the method of calculating the deduction."
Keywords:
deduction; entitlement for service rendered; reckoning; right to strike; salary; strike;
Consideration 5
Extract:
Following strike action, an administration decision led to a circular explaining that salary deductions would be calculated using a method different from that set out in the Service Regulations. "The executive head is not competent to adopt such rules [...] To accept the [organisation's] submissions would be to allow the imposition of a covert disciplinary sanction. The [...] staff exercised an acknowledged right and did not commit any misconduct." The deductions were calculated unlawfully and should be invalidated.
Reference(s)
Organization rules reference: ARTICLE 65 OF THE EPO SERVICE REGULATIONS
Keywords:
breach; deduction; hidden disciplinary measure; organisation's duties; provision; reckoning; right to strike; salary; staff regulations and rules; strike;
Judgment 538
49th Session, 1982
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The complainant is entitled under Judgment No 359 to payment of compensation amounting to one year's salary. He was paid by the month, not at the end of the year. To place him in the position the Tribunal intended, the sum due should therefore be calculated monthly [...]. The complainant is therefore right to ask to have the sums converted at the rates prevailing at the dates at which each monthly payment would have fallen due, not at the date when the full payment is made."
Reference(s)
ILOAT Judgment(s): 359
Keywords:
application for interpretation; exchange rate; reckoning; salary;
Judgment 480
47th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"As the Tribunal has said [...] in Judgment No. 431, the compensation generally awarded [upon non-renewal of contract] is less than the remuneration which the complainant would have received had he been reinstated. This is because he is not necessarily deprived of all means of livelihood."
Reference(s)
ILOAT Judgment(s): 427, 431
Keywords:
amount; application for execution; contract; fixed-term; material damages; non-renewal of contract; reckoning; salary;
Consideration 2
Extract:
"The complainant has not provided any satisfactory evidence that his salary would have increased if he had remained in the organization. It would no longer have increased by annual increments, since he had already reached the top level of his grade. His emoluments were expressed in United States dollars and there is no evidence of possible adjustments for cost of living." No such amounts will therefore be included in the reckoning of compensation.
Reference(s)
ILOAT Judgment(s): 427
Keywords:
adjustment; amount; cost-of-living increase; damages; lack of evidence; reckoning; salary;
Judgment 479
47th Session, 1982
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant became disabled following a disease contracted during a one-month mission. The complainant receives an invalidity pension. His incapacity was assessed by the Tribunal at 100 per cent. The amount of the pension must be redetermined. The deductions made of a university retirement pension were unwarranted they must be reimbursed, with the amounts being indexed against inflation and with interest [2 per cent]; costs.
Keywords:
amount; disability benefit; illness; incapacity; invalidity; rate; reckoning; refund; service-incurred;
Judgment 426
45th Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"An official [...] is not given an acquired right, i.e. a right of which he cannot be deprived by unilateral amendment, to every benefit conferred by his contract, but only to those which are fundamental. The right to salary and to the well-established allowances, such as those for dependants, is essentially a fundamental right. But this does not mean that every item making up the salary or allowance and every detail of the process by which it is calculated are to be deemed inviolate; or that minor benefits - what are sometimes called 'fringe benefits' - are to be treated as unchangeable features of a contract that may last for 30 years or more."
Keywords:
acquired right; allowance; family allowance; reckoning; salary;
Judgment 401
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The organization's methods of calculating salary and related benefits are now so complicated as to leave many avenues open to exploration by anyone who, like the complainant, makes any serious attempt to understand the computation."
Reference(s)
ILOAT Judgment(s): 323
Keywords:
allowance; application for execution; reckoning; salary;
Judgment 391
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"[T]here may be an acquired right to application of the principle that an allowance will be paid, but not necessarily to the method of calculation - in other words, to the actual amount - of that allowance."
Keywords:
acquired right; allowance; amount; payment; reckoning;
Judgment 380
42nd Session, 1979
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The experts were not in agreement about the methodology or the salary-scale figures. "In these circumstances it would be natural for [the Director] to contact his staff association in order to ascertain their views and, if necessary, negotiate with them to reach an agreed figure. This is something which a [director] might do even if contact was not prescribed by the Staff Regulations."
Keywords:
collective bargaining; no provision; organisation's duties; reckoning; salary; scale; staff union;
Judgment 371
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
Expatriation, education and leave expense allowances are matters of importance to someone joining the staff of an international organisation. "The question therefore arises whether the outright abolition of such allowances would in principle violate an acquired right. There is, however, no acquired right to the amount and the conditions of payment of such allowances. Indeed the staff member should expect amendments to be prompted by changes in circumstances if, for example, the cost of living rises or falls, or the organisation reforms its structure, or even finds itself in financial difficulty.
Keywords:
acquired right; allowance; amendment to the rules; amount; discontinuance; education expenses; home leave; non-resident allowance; payment; reckoning;
Consideration 5
Extract:
Neither the former Staff Regulations of the Institute nor the complainant's terms of appointment give him an acquired right to any particular grade. The complainant has not been deprived of the right to payment of the agreed compensatory allowance. He performs the same duties that he performed formerly at the Institute; he has no acquired right to application of the method of salary adjustment that was practised at the Institute.
Keywords:
acquired right; adjustment; grade; reckoning; salary;
Judgment 368
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
Vide Judgment 371, consideration 8.
Reference(s)
ILOAT Judgment(s): 371
Keywords:
acquired right; allowance; amendment to the rules; amount; discontinuance; education expenses; home leave; non-resident allowance; payment; reckoning;
Consideration 7
Extract:
There is no acquired right to the amount and method of calculation of an indemnity; a staff member should expect amendments to be made. The reduction in the indemnity "does not infringe any right which was of decisive importance to [the complainants] in accepting appointment and which may be regarded as acquired. Moreover, there is no clause in their contract which even tacitly guaranteed them any such right."
Keywords:
acquired right; allowance; amendment to the rules; amount; reckoning; reduction of salary; terms of appointment;
Judgment 365
41st Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"As to the method of salary adjustment, the complainants do not have an acquired right to application of the methods practised [...]."
Keywords:
acquired right; adjustment; reckoning; salary;
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