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Judgment No. 862

Decision

THE COMPLAINTS ARE DISMISSED.

Consideration 7

Extract:

"Suspension is temporary repeal: while in force it makes the text void. What distinguishes it from repeal is that it is not final, its purpose being to provide against some temporary contingency, and it need only be lifted for the text to come into force again. But repeal is final and once a text has been repealed the law-maker has to adopt a new one to bring the provisions back into effect."

Keywords

provisional measures; written rule; staff regulations and rules; enforcement; provision; suspensive action; period; binding character; difference; effect

Consideration 7

Extract:

"Only the body competent to adopt or repeal a rule may suspend it, and by due process."

Keywords

procedure before the tribunal; competence; staff regulations and rules; provision; suspensive action; decision-maker

Consideration 10

Extract:

Article 3.1.1.2 of the ILO Staff Regulations provides for periodic adjustments to pensionable remuneration. The application of this regulation was suspended effective 1 April 1985. The complainants argue that the absence of an adjustment on 1 April 1986 breaches their acquired rights. "The complainants say they cannot put a figure on the loss sustained but they submit a table showing losses that range from 13 to 39 per cent according to grade. The table does not distinguish between loss due to the measures of which the Tribunal was informed in the earlier proceedings - and which it declared lawful - and loss alleged to be due to the failure to revise the scale on 1 April 1986. So in any event the Tribunal cannot but endorse its ruling in Judgment 832 under 16." The complaints are dismissed.

Reference(s)

Organization rules reference: ARTICLE 3.1.1.2 OF THE ILO STAFF REGULATIONS
Jugement(s) TAOIT: 832

Keywords

injury; res judicata; amount; acquired right; staff regulations and rules; breach; enforcement; provision; suspensive action; grade; reckoning; adjustment; pension; pension entitlements; pensionable remuneration; date; difference; subsidiary

Consideration 8

Extract:

Vide Judgment 866, consideration 5.

Reference(s)

Organization rules reference: ARTICLE 48 OF THE UNITED NATIONS JOINT STAFF PENSION FUND

Keywords

competence; competence of tribunal; remand; unat; iloat statute; pension; fund regulations

Consideration 3

Extract:

"The complaints are joined because each makes the same pleas and claims and rests on the same facts."

Keywords

complaint; joinder; identical claims; condition; same



 
Dernière mise à jour: 24.03.2020 ^ haut