ILO is a specialized agency of the United Nations
ILO-en-strap
Site Map | Contact français
> Home > Triblex: case-law database > By thesaurus keyword > reduction

Judgment No. 51

Decision

1. The decision of the Director-General of 7 December 1959 together with that of 26 June 1959 is rescinded, in so far as it provides for a retroactive reduction of the amount of the non- resident's allowance received by the complainant.
2. There shall be repaid to the complainant an amount equal to the amount by which the non-resident's allowance was retroactively reduced for the period from 1 January to 30 June 1959, together with interest at 4 per centum.
3. The interveners shall be entitled to rely on the rights recognised to the complainant under this judgment.
4. The full costs incurred by complainant and the interveners in this action, the amount of which shall be taxed by the President of the Tribunal, shall be borne by the organisation.
5. The remainder of the complaint is dismissed.

Consideration 6

Extract:

"The intervenors hold the same rights as the complainant and therefore their intervention must be declared receivable and the benefit of this judgment extended to them."

Keywords

intervention; receivability of the complaint; judgment of the tribunal; consequence; effect

Consideration 2

Extract:

"The Staff Regulations [...] are approved by the Council and merely promulgated by the Director-General, whereas the Staff Rules are established by him. It follows that the provisions of the Regulations prevail over those of the Rules and that hence if the entitlement to the amount of the [...] allowance [...] was [...] an acquired right within the meaning of the Regulations, it should be treated as such even though not so recognised under the Rules."

Keywords

decision quashed; acquired right; precedence of rules; staff regulations and rules; allowance

Consideration 5

Extract:

"Salary and non-resident's allowance cannot be assimilated in every respect. Salary is the remuneration received by an official for his work, that is to say in direct consideration of the service he has rendered. On the other hand [...] the non-resident's allowance has a different object. In consequence a salary increase cannot be set off against a reduction of the allowance."

Keywords

complaint allowed; salary; allowance; non-resident allowance; flaw; compensatory measure; increase; reduction

Consideration 5

Extract:

The Staff Regulations make provision for amendments to be made to them without prejudice to acquired rights. While the amount of the non-resident's allowance is not a matter of acquired rights, "the entitlement to the allowance actually paid [...] at the former rate constituted an acquired right within the meaning of [the material] Staff Regulation [...] which, under the most restrictive interpretation, has the same scope as the principle of the prohibition of retroactivity." A back-dated reduction of the amount of the allowance is unlawful.

Keywords

amount; acquired right; non-retroactivity; staff regulations and rules; amendment to the rules; provision; non-resident allowance; reduction

Consideration 4

Extract:

"This is an additional remuneration the object of which is to compensate for the disadvantages arising out of expatriation, in order to permit the recruitment and retention of staff who, by virtue of the qualifications required cannot be recruited locally. Remuneration under this head is subject to variation and is not of a personal nature".

Keywords

non-resident allowance; definition; purpose

Consideration 3

Extract:

"Any authority is bound by its own rules for so long as such rules have not been amended or abrogated."

Keywords

general principle; patere legem



 
Last updated: 20.09.2017 ^ top