Judgment No. 1226
THE COMPLAINTS AND THE APPLICATIONS TO INTERVENE ARE DISMISSED.
"The complainants apply for hearings. They have already had the opportunity of enlarging on their original submissions and on their rejoinders and of commenting on the ample evidence at their disposal. They sought leave to file submissions in answer to the surrejoinder and the disclosure of additional information and items. The interlocutory judgment granted the parties leave to file further submissions, which are now before the Tribunal. It therefore has all the material required for a final ruling. It dismisses the complainants' application as pointless."
tribunal; interlocutory order; submissions; further submissions; oral proceedings; refusal; additional written submissions
Considerations 3, 7 and 8
The complainants challenge decisions by the Director-General confirming the abolition of free after-service medical cover. They allege breach of acquired rights and contend that the FAO's financial position did not warrant such measures. "The Tribunal will not compare the options open to the FAO in the area of financial policy since it might ignore the realities that the FAO has to take into account. All the Tribunal need do is acknowledge that it was because of the financial plight of the scheme and its own that the organization decided to do away with free coverage for pensioners. The change does cause the complainants detriment. [...] But that alone does not amount to breach of any acquired right. First, the effect of the change was to put all fao pensioners on a par. [...] Secondly, there were transitional measures to lighten the impact of the change [...]. Since the change was made by way of rules, and because of the reasons for it, the complainants have suffered no breach of any acquired right despite the injury to their interests."
grounds; acquired right; staff regulations and rules; amendment to the rules; budgetary reasons; social benefits; insurance; judicial review; discretion; limits; organisation's interest; medical expenses; health insurance
Vide Judgment 832.
ILOAT Judgment(s): 832
case law; acquired right; staff regulations and rules; amendment to the rules; breach; contract; budgetary reasons; cause; criteria