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Judgment No. 832

Decision

THE COMPLAINTS ARE DISMISSED.

Consideration 7

Extract:

as a result of the adoption of a new scale of pensionable remuneration, article 3.1.1 of the ilo staff regulations was amended. "the complainants' case does not rest on breach of any term of their contracts or of any provision of the staff regulations. what they are saying is that as applied to them article 3.1.1 of the regulations impairs their acquired rights. their complaints will therefore be receivable if the application of 3.1.1 does cause them injury."

Reference(s)

Organization rules reference: ARTICLE 3.1.1 OF THE ILO STAFF REGULATIONS

Keywords

general decision; individual decision; injury; receivability of the complaint; cause of action; competence of tribunal; staff regulations and rules; amendment to the rules; enforcement; provision; scale; pension; pensionable remuneration; condition

Consideration 15

Extract:

"the reckoning of the pension depends on such factors as the cost of living, currency rates and rates of tax in the country of the pensioner's residence. those are variables that may preclude the creation of acquired rights. the financial plight of the fund has over the years become alarming."

Keywords

acquired right; reckoning; exchange rate; cost-of-living increase; pension; unjspf; pension entitlements; tax; effect

Consideration 14

Extract:

"the first [test] is the nature of the altered term. it may be in the contract or in the staff regulations or staff rules or in a decision, and whereas the contract or a decision may give rise to acquired rights the regulations and rules do not necessarily do so. the second test is the reason for the change. it is material that the terms of appointment may often have to be adapted to circumstances, and there will ordinarily be no acquired right when a rule or a clause depends on variables such as the cost-of-living index or the value of the currency. nor can the finances of the body that applies the terms of appointment be discounted. the third test is the consequence of allowing or disallowing an acquired right. what effect will the change have on staff pay and benefits ? and how do those who plead an acquired right fare as against others?"

Keywords

acquired right; equal treatment; staff regulations and rules; amendment to the rules; provision; terms of appointment; contract; exchange rate; cost-of-living increase; definition

Consideration 16

Extract:

while rejecting the complainants' plea of breach of acquired rights regarding their pensions, the tribunal holds that "they may ask the ilo to accept restraint in its dealings with staff. an international organisation should refrain from any measure which is not warranted by its normal functioning or the need for competent staff. it is bound by the general principles of law such as equality, good faith and non- retroactivity. it will act from reasonable motives and avoid causing unnecessary or undue injury."

Keywords

decision; grounds; acquired right; international civil service principles; organisation's duties; pension

Consideration 15

Extract:

"international civil servants quite understandably put stock in their retirement benefits and quite rightly want an income that, even if it will not sustain the same standard of living, will at least be comfortable. the decisions impugned do mar the outlook, in some cases seriously. but that is not enough to establish breach of an acquired right."

Keywords

grounds; international civil servant; amount; lack of evidence; acquired right; amendment to the rules; breach; separation from service; retirement; insurance benefit; same



 
Dernière mise à jour: 16.10.2012 ^ haut