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Judgment No. 368

Decision

THE COMPLAINTS ARE DISMISSED.

Consideration 7

Extract:

vide judgment 371, consideration 8.

Keywords

amount; acquired right; amendment to the rules; reckoning; allowance; education expenses; non-resident allowance; home leave; discontinuance; payment

Consideration 4

Extract:

"what the complainants are really seeking is not the revocation of an international agreement but payment of financial benefits by [the organisation]. they have acted correctly in filing their complaints against the [organisation] itself, not against any one state. hence the plea that the complaints are irreceivable because the [organisation] is not the true defendant must fail."

Keywords

complaint; receivability of the complaint; international instrument

Consideration 3

Extract:

vide judgment 371, consideration 2.

Keywords

competence of tribunal; international instrument; enforcement; provision

Consideration 8

Extract:

"the principle of equality means that where the facts are the same the treatment is the same."

Keywords

general principle; equal treatment

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

amount; acquired right; amendment to the rules; terms of appointment; reckoning; allowance; reduction

Consideration 6

Extract:

vide judgment 372, consideration 4.

Keywords

acquired right; staff regulations and rules; amendment to the rules; provision; terms of appointment; contract; definition



 
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