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Judgment No. 365

Decision

THE COMPLAINTS AND THE APPLICATIONS TO INTERVENE ARE DISMISSED.

Consideration 9

Extract:

vide judgment 366, consideration 9.

Keywords

promotion; salary; consequence; increase

Consideration 1

Extract:

vide judgment 366, consideration 3.

Keywords

intervention; receivability of the complaint; condition

Consideration 1

Extract:

vide judgment 366, consideration 1.

Keywords

complaint; claim; identical claims; intervention

Consideration 4

Extract:

vide judgment 366, consideration 3.

Keywords

merger; competence of tribunal; international instrument; staff regulations and rules; amendment to the rules; enforcement; provision

Consideration 9

Extract:

vide judgment 366, consideration 9.

Keywords

acquired right; staff regulations and rules; amendment to the rules; provision; career; promotion

Consideration 7

Extract:

vide judgment 366, consideration 6.

Keywords

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

Consideration 5

Extract:

vide judgment 366, consideration 4.

Reference(s)

ILOAT reference: ARTICLE II PARAGRAPH 5 ILOAT STATUTE

Keywords

merger; competence of tribunal; international instrument; enforcement; provision

Consideration 11

Extract:

vide judgment 366, consideration 11.

Keywords

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

Consideration 10

Extract:

vide judgment 366, consideration 10.

Keywords

acquired right; pension; pension entitlements; reduction

Consideration 3

Extract:

"although there have been no oral proceedings, there are no grounds for allowing the complainants' application for permission to submit a further memorandum. the complaints raise purely legal questions which can be settled on the basis of the written evidence alone. the complainants ought to have been aware of that, and in their original memoranda put forward all the pleas which they thought relevant to their case."

Keywords

complainant; tribunal; further material; refusal

Consideration 8

Extract:

"as to the method of salary adjustment, the complainants do not have an acquired right to application of the methods practised..."

Keywords

acquired right; reckoning; salary; adjustment

Consideration 9

Extract:

"it is true that when he takes up employment with an organisation an official may reasonably hope some day to advance in grade and that the rules on promotion create an acquired right in so far as they offer the prospect of advancement. but the substance of the acquired right to promotion is merely the possibility of advancement because it is only on the strength of such a possibility that a staff member may have accepted appointment."

Keywords

acquired right; terms of appointment; career; promotion; legitimate expectation



 
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