Overtime (428,-666)

You searched for:
Keywords: Overtime
Total judgments found: 12

• Judgment 4197

  
  128th Session, 2019
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision to reject his request for payment of overtime hours performed under the terms of an informal agreement concluded within his department.

  Judgment keywords

  Keywords:

  complaint dismissed; overtime;
  

  
  
  

• Judgment 3339

  
  118th Session, 2014
  International Criminal Court
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: Employed on a part-time basis, the complainant seeks the payment of the additional hours he had been exceptionally required to work.

  Judgment keywords

  Keywords:

  complaint allowed; decision quashed; overtime; part-time employment;
  

  
  
  

• Judgment 3079

  
  112th Session, 2012
  International Criminal Court
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Judgment keywords

  Keywords:

  compensation; complaint allowed; complaint dismissed; decision quashed; overtime;
  

  
  
  

• Judgment 2097

  
  92nd Session, 2002
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 18

  Extract:

  Because of serious financial difficulties the organisation had to employ the complainants simultaneously under a fixed- term appointment at half-time and a short-term part-time appointment. After being restored to their full-time fixed-term status they complained about the rates of remuneration received by them under their short-term contracts. "The principle which guarantees equal remuneration for work of equal value [...] is designed to prevent discrimination by employers between employees and to ensure that persons performing different work of the same or similar value shall receive equal remuneration. The organization is right to submit that its most common application is to the classification or grading of jobs [...]. That principle was never intended to apply so as to give rise to a claim by an individual to be paid at the same rate for all work which he or she performs: differential rates for work performed under different conditions, such as overtime to take a common example, are not discriminatory. In the present case there is nothing improper in the who's paying lower rates to persons such as the complainants doing temporary work on a short-term basis."

  Keywords:

  amount; budgetary reasons; condition; contract; difference; enforcement; equal treatment; fixed-term; general principle; official; organisation; overtime; part-time employment; post classification; safeguard; salary; scale; short-term; status of complainant; terms of appointment;
  

  
  
  

• Judgment 1460

  
  79th Session, 1995
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 11

  Extract:

  "The whole time of staff members in the professional and higher categories is at the organization's disposal and they are properly expected to complete the work assigned to them without compensation for any overtime. It is therefore permissible to base their working week on the conditions prevailing at their duty station and to make no adjustment in pay to take account of differences in hours of work within the common system."

  Keywords:

  duty station; overtime; post adjustment; professional category; staff member's duties; working hours;
  

  
  
  

• Judgment 1261

  
  75th Session, 1993
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  The complainant, whose duties included processing claims for overtime hours, was charged with using the organization's funds for his own benefit and suspended. He is seeking payment for 150 hours' overtime. The Tribunal holds that "it was his duty as the responsible officer to ensure that the organization's rules were being complied with. If they were not he should have brought the matter to the notice of his supervisors. There is no evidence that he did so. That he may have failed to apply the rules in processing claims from other employees does not entitle him to object that the organization is wrong to apply them to him. [...] The conclusion is that he failed to comply with the rules on overtime claims."

  Keywords:

  disciplinary measure; negligence; overtime; payment; request by a party; staff member's duties;
  

  Considerations 7-8

  Extract:

  The complainant, whose duties included processing claims for payment of overtime hours, was charged with using the organization's funds for his own benefits and suspended. He has not managed to show that he did the overtime. So his claim of payment of the overtime hours, like his claim to damages and interests, fails.

  Keywords:

  burden of proof; disciplinary measure; negligence; overtime; payment; request by a party; staff member's duties;
  

  
  
  

• Judgment 699

  
  57th Session, 1985
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Summary

  Extract:

  Article 59 of the EPO Service Regulations provides that the President shall lay down the list of applicable public holidays up to a maximum of ten days. On 8 November 1983 the President issued a list of 14 public holidays, the four additional working days lost to be made up by extending working hours for a time by half-an-hour. The Tribunal holds that while the President may ignore the ten-day limit he may not put the number of hours in the working week at more than 40 except when they are remunerated or made necessary by abnormal circumstances. In the instant case such circumstances do not exist.

  Reference(s)

  Organization rules reference: ARTICLE 59 OF THE EPO SERVICE REGULATIONS
  
  

  Keywords:

  compensatory measure; discretion; increase; judicial review; leave; overtime; public holiday; working hours;
  

  
  
  

• Judgment 643

  
  54th Session, 1984
  European Southern Observatory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  The Tribunal had ordered the organisation to pay as compensation a sum equal to "three times the total gross remuneration" paid in respect of a particular time period. "The Tribunal does not accept the organisation's argument that overtime is not part of the total gross remuneration; accordingly the deduction in respect of this item is unjustified."

  Reference(s)

  ILOAT Judgment(s): 507
  

  Keywords:

  amount; application for interpretation; gross salary; interpretation; judgment of the tribunal; material damages; overtime;
  

  
  
  

• Judgment 641

  
  54th Session, 1984
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  For health reasons the official's workload was supposed to be reduced. In reality, he made up for sick leave of two afternoons a week by working two mornings a week overtime. "Such an arrangement was obviously improper. [...] It is quite wrong for an employer [...] to allow such arrangements with a staff member whom it recognises as being on sick leave yet who, from a sense of professional responsibility or for some other reason, volunteers to do more work than he is authorised to do. The [organization] was therefore at fault and the question of its liability does arise."

  Keywords:

  compensatory measure; flaw; health reasons; liability; organisation; overtime; part-time employment; sick leave;
  

  
  
  

• Judgment 632

  
  54th Session, 1984
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  The applicable provision requires compensatory leave to be taken within two months of the date of accrual. "Indeed it is difficult to see how leave can be compensatory if it is taken at a time far remote from the period when the overtime was performed. [...] The complainant has retired from the [organization] and it is not now possible to grant compensatory leave to him. [...] The only solution is for the WHO to pay the complainant the difference in overtime rates".

  Keywords:

  compensatory leave; overtime; payment; retirement; separation from service; time limit;
  

  
  
  

• Judgment 491

  
  48th Session, 1982
  European Organization for Nuclear Research
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  "When the complainant signed the contract he was fully aware of the terms of employment [...] He consented to those terms [...] He may not validly contend that advantage was taken of his own good faith since, on learning the position(*) of most of his fellow officials, he might have objected and sought the conclusion of a new contract for himself."
  (*) in respect of working hours and overtime

  Keywords:

  acceptance; contract; good faith; overtime; terms of appointment; working hours;
  

  
  
  

• Judgment 349

  
  40th Session, 1978
  European Southern Observatory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 29

  Extract:

  "The complainant can only claim overtime in accordance with his contract and his contract was never amended. [...] The complainant cannot base a separate claim for overtime on a provision that was not a term of his contract [...]."

  Keywords:

  condition; contract; overtime; payment; provision; right;