Judgment No. 209
Decision
THE COMPLAINT IS DISMISSED.
Summary
Extract:
The complainant contends that the payment of his salary in United States dollars and not in Swiss francs was in violation of his terms of appointment. He has no such acquired right. Besides, he had accepted payment in United States dollars for twelve years without protest. The decisions taken by the authorities concerning these payments are not open to discussion in view of a settlement. The Secretary-General was in no way required to reverse those decisions following the devaluation of the dollar and the Tribunal will not interfere with them.
Keywords
competence of tribunal; acquired right; amendment to the rules; terms of appointment; salary; currency of payment; exchange rate
Considerations
Extract:
"[O]nly if the [organisation] had upset the whole structure of the complainant's contract or derogated from the basic conditions which might have affected his decision to accept appointment could its action have given rise to the award of compensation."
Keywords
acquired right; amendment to the rules; terms of appointment; definition
Considerations
Extract:
"The Administrative Tribunal is not competent to rule on the legality of a resolution adopted by [...] the legislative organ of the [organisation]."
Keywords
competence of tribunal; international instrument
Considerations
Extract:
"The present claim is entirely different in origin and purpose from the complaints settled by [...] Judgement [No. 61]. It follows that [the complainant] cannot properly rely on the decision given in that judgment."
Reference(s)
ILOAT Judgment(s): 61
Keywords
res judicata; same cause of action; same purpose
Considerations
Extract:
The decisions taken by the executive authorities of the organisation in application of the resolution of its legislative body were explicitly approved by the latter and may not now be contested in law.
Keywords
decision; competence of tribunal; international instrument; enforcement; executive body
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