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Judgment No. 366

Decision

THE COMPLAINTS AND THE APPLICATIONS TO INTERVENE ARE DISMISSED.

Consideration 9

Extract:

"...even if a staff member gets no salary increase on promotion his position is not necessarily just as before. not only may he be given work which will give him greater satisfaction but he will be better placed for further promotion which does bring a salary increase."

Keywords

promotion; salary; consequence; increase

Consideration 3

Extract:

"many ... officials [of the organisation] have filed applications to intervene. they are entitled to join in the present proceedings as interveners insofar as their factual and legal position is identical or at least similar to that of the complainants."

Keywords

intervention; receivability of the complaint; condition

Consideration 1

Extract:

"since [the interveners themselves] failed to file a complaint in time ... they may neither put forward pleas nor lodge claims which differ from those of the complainants. it is therefore necessary to consider only the content of the complaint, and the applications to intervene will fare in the same way as do the complaints."

Keywords

complaint; claim; identical claims; intervention

Consideration 3

Extract:

"where a provision of the staff regulations is amended the tribunal may order the defendant organisation to apply the old text and not the new. so, too, when provisions of staff regulations are amended so as to comply with clauses in an international agreement(*) the tribunal may order the application of the former rather than the latter" and is therefore competent. (*) which provides for the ipi's integration in the epo

Keywords

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

Consideration 9

Extract:

"...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. the provisions which lay down the conditions governing promotion do not confer any acquired rights on a staff member because, when he takes up his appointment, he cannot foresee how he will fare in his career. on the contrary, those provisions are subject to amendment and the staff member must expect such amendment."

Keywords

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

Consideration 6

Extract:

"a right is acquired when he who has it may require that it be respected notwithstanding any amendment to the rules. in particular, it may be either a right which arises under an official's contract of appointment and which both parties intend should be inviolate, or a right which is laid down in a provision of the staff regulations or staff rules and which is of decisive importance to a candidate for appointment."

Keywords

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

Consideration 4

Extract:

"the complainants take exception, not to the conclusion of the integration agreement, but to the application of some of its provisions. since those provisions are the same in kind as the staff regulations of an organisation there is no bar to the complainants' appealing to the tribunal against the application of those provisions: according to article ii, paragraph 5, of its statute the tribunal hears 'complaints alleging non-observance, in substance or in form, of the terms of appointment of officials and of provisions of the staff regulations...'"

Reference(s)

ILOAT reference: ARTICLE II PARAGRAPH 5 ILOAT STATUTE

Keywords

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

Consideration 11

Extract:

"...expatriation, education and leave expense allowances are matters of importance to someone who joins the staff of an organisation. the question therefore arises whether the outright abolition of such allowances would not violate an acquired right. there is, however, no acquired right to the amount and the conditions of payment of such allowances. indeed the staff member should expect amendments to be prompted by changes in circumstances if, for example, the cost of living rises or falls, or the organisation reforms its structure, or even finds itself in financial difficulty."

Keywords

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

Consideration 10

Extract:

"someone who offers his services to an organisation may ... be expected to give decisive importance to the provisions on his pension rights. any curtailment should therefore be regarded as affecting an acquired right."

Keywords

acquired right; pension; pension entitlements; reduction



 
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