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Judgment No. 371

Decision

THE COMPLAINT IS DISMISSED.

Consideration 8

Extract:

Expatriation, education and leave expense allowances are matters of importance to someone joining the staff of an international organisation. "The question therefore arises whether the outright abolition of such allowances would in principle 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; reckoning; allowance; education expenses; non-resident allowance; home leave; discontinuance; payment

Consideration 2

Extract:

"When the provisions governing the staff of an organisation are embodied in internal rules or in an international agreement, they have been adopted by the representatives of the States members of that organisation and their purpose is to govern conditions in the international civil service. Hence, by analogy, just as the Tribunal may decide not to apply a provision of the Staff Regulations in a particular case, so it may decide not to apply a clause of an international agreement."

Keywords

competence of tribunal; international instrument; enforcement; provision

Consideration 4

Extract:

Vide Judgment 372, consideration 4.

Reference(s)

Jugement(s) TAOIT: 372

Keywords

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

Consideration 5

Extract:

Neither the former Staff Regulations of the Institute nor the complainant's terms of appointment give him an acquired right to any particular grade. The complainant has not been deprived of the right to payment of the agreed compensatory allowance. He performs the same duties that he performed formerly at the Institute; he has no acquired right to application of the method of salary adjustment that was practised at the Institute.

Keywords

acquired right; grade; reckoning; salary; adjustment

Consideration 6

Extract:

The complainant contends that he is the victim of discriminatory treatment concerning his pension. But he receives a compensatory allowance to make good the reduction in salary. Even if the officials of the former organisation fare less well in one respect than other officials of the second organisation, they fare better in another. "Hence, insofar as it exists, the discriminatory treatment which the complainant alleges should be regarded as compensated."

Keywords

equal treatment; compensatory allowance; pension; compensatory measure

Consideration 7

Extract:

"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; terms of appointment; career; promotion

Consideration 5

Extract:

According to the organisation, the Staff Regulations were not amended but replaced by other Staff Regulations. Hence the Tribunal may not decide to apply the former provisions which are no longer in force. "If a complainant is justified [...] what the Tribunal will do is to treat those provisions as part of the contract of appointment and apply them as such, and award damages for any breach of them."

Keywords

organisation; merger; competence of tribunal; staff regulations and rules; amendment to the rules; terms of appointment; judicial review



 
Dernière mise à jour: 20.04.2020 ^ haut