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Judgment No. 2696

Decision

The complaints are dismissed as are the applications to intervene.

Consideration 5

Extract:

"It was said in Judgment 832 that an acquired right is one that a staff member may expect to survive alteration of the staff rules (see also Judgment 1226). The right may derive from the terms of appointment, the staff rules or from a decision. In Judgment 61 it was said that the amendment of a rule to an official's detriment and without his consent amounts to a breach of an acquired right when the structure of the contract of appointment is disturbed or there is impairment of any fundamental term of appointment in consideration of which the official accepted appointment."

Reference(s)

Jugement(s) TAOIT: 61, 832, 1226

Keywords

decision; injury; acquired right; written rule; staff regulations and rules; amendment to the rules; breach; provision; terms of appointment; contract; condition; consequence; definition; request by a party; official



 
Dernière mise à jour: 26.06.2020 ^ haut