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Acquired right

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Keywords: Acquired right
Total judgments found: 81

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  • Judgment 3256


    116th Session, 2014
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Judgment's keywords

    Extract:

    Keywords:

    acquired right; promotion;



  • Judgment 3251


    116th Session, 2014
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "The Tribunal is of the opinion that the ILO conducted the 2008 personal promotion exercise in accordance with the applicable rules and procedures. The ILO properly applied the new Office Procedure (No. 125, which took effect from 22 October 2009) to the 2008 personal promotion exercise. [...] Considering that the 2008 promotion exercise was launched after Office Procedure No. 125 took effect, the ILO was correct to follow its provisions for the promotion exercise, and not those of Circular No. 334, Series 6, as the complainant suggests. The complainant did not have any acquired right to the 2008 promotion exercise, promotions being considered “an optional and exceptional discretionary measure which is subject to only limited review by the Tribunal” (see Judgments 2668, under 11, 1500, under 4, 1109, under 4, and 1973, under 5)."

    Reference(s)

    Organization rules reference: Office Procedure No. 125; Circular No. 334, Series 6
    ILOAT Judgment(s): 1109, 1500, 1973, 2668

    Keywords:

    acquired right; condition; discretion; interpretation; judicial review; organisation's duties; personal promotion; provision; staff regulations and rules; written rule;



  • Judgment 3214


    115th Session, 2013
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    "According to the Tribunal’s case law, an administrative authority, when dealing with a claim, must generally base itself on the provisions in force at the time it takes its decision, and not on those in force at the time the claim was submitted. Only where this approach is clearly excluded by the new provisions, or where it would result in a breach of the requirements of good faith, the non-retroactivity of administrative decisions and the protection of acquired rights, will the above rule not apply (see Judgments 2459, under 9, 2986, under 32, or 3034, under 33)."

    Reference(s)

    ILOAT Judgment(s): 2459, 2986, 3034

    Keywords:

    acquired right; applicable law; breach; date; decision; exception; general principle; good faith; non-retroactivity; patere legem; request;



  • Judgment 3074


    112th Session, 2012
    World Meteorological Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 15 & 16

    Extract:

    "[I]nternational organisations' staff members do not have a right to have all the conditions of employment laid down in the provisions of the staff rules and regulations in force at the time of their recruitment applied to them throughout their career.
    [M]ost of those conditions [can] be altered during [their] employment as a result of amendments to those provisions. Of course the position is different if, having regard to the nature and importance of the provision in question, the complainant has an acquired right to its continued application. However, according to the case law established in Judgment 61, clarified in Judgment 832 and confirmed in Judgment 986, the amendment of a provision governing an official's situation to his or her detriment constitutes a breach of an acquired right only when such an amendment adversely affects the balance of contractual obligations, or alters fundamental terms of employment in consideration of which the official accepted an appointment, or which subsequently induced him or her to stay on. In order for there to be a breach of an acquired right, the amendment to the applicable text must therefore relate to a fundamental and essential term of employment within the meaning of Judgment 832 (in this connection see also Judgments 2089, 2682, 2696 or 2986). The conditions for the payment of removal expenses, in particular a limit on the volume of household goods which may be shipped at the Organization's expense, plainly do not have this character [...]."

    Reference(s)

    ILOAT Judgment(s): 61, 832, 986, 2089, 2682, 2696, 2986

    Keywords:

    acquired right; amendment; applicable law; appointment; breach; career; complaint allowed; complaint allowed in part; condition; contract; date; exception; international civil servant; limits; personal effects; provision; removal expenses; right; staff regulations and rules; terms of appointment;



  • Judgment 2986


    110th Session, 2011
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 26

    Extract:

    "While the terms of a contract and some decisions will in principle give rise to acquired rights, this is not necessarily true of [the] provisions [of the Staff Regulations and Rules]."

    Keywords:

    acquired right; complaint allowed; complaint allowed in part; consequence; contract; decision; difference; effect; general principle; provision; staff regulations and rules;



  • Judgment 2985


    110th Session, 2011
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    "As the Tribunal stated in Judgment 2459, under 9, an administrative authority, when dealing with a claim, must generally base itself on the provisions in force at the time it takes its decision and not on those in force at the time the claim was submitted. Only where this approach is clearly excluded by the new provisions, or where it would result in a breach of the requirements of the principles of good faith, the non-retroactivity of administrative decisions and the protection of acquired rights, will the above rule not apply."

    Reference(s)

    ILOAT Judgment(s): 2459

    Keywords:

    acquired right; applicable law; breach; complaint allowed; complaint allowed in part; date; decision; exception; general principle; good faith; non-retroactivity; organisation's duties; provision; request;



  • Judgment 2972


    110th Session, 2011
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    Existence of an acquired right to work night shifts and to receive the corresponding allowance.
    "An acquired right is breached when 'an amendment adversely affects the balance of contractual obligations by altering fundamental terms of employment in consideration of which the official accepted an appointment, or which subsequently induced him or her to stay on' (see Judgment 2682, under 6)."

    Reference(s)

    ILOAT Judgment(s): 2682

    Keywords:

    acceptance; acquired right; amendment; breach; condition; contract; terms of appointment;

    Consideration 6

    Extract:

    "An acquired right may derive 'from the terms of appointment, the staff rules or from a decision' (see Judgment 2696, under 5)."

    Reference(s)

    ILOAT Judgment(s): 2696

    Keywords:

    acquired right; decision; staff regulations and rules; terms of appointment;

    Consideration 8

    Extract:

    "Once it is accepted that an organisation has a right to assign new or different shift work patterns, it follows that a particular shift work pattern cannot constitute an acquired right."

    Keywords:

    acquired right; assignment; organisation; reorganisation; right; working conditions; working hours;

    Consideration 8

    Extract:

    "It was recognised in Judgment 666 that 'an allowance may form an essential part of the official's contract [...] and its abolition would therefore constitute breach of [an] acquired right'. However, it was also said in that case that an official 'has no acquired right to the actual amount of the allowance or to continuance of any particular method of reckoning it. Indeed, he must expect these to change as circumstances change'."

    Reference(s)

    ILOAT Judgment(s): 666

    Keywords:

    acquired right; allowance; amount; contract; night differential; payment; terms of appointment;



  • Judgment 2696


    104th Session, 2008
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "It was said in Judgment 832 that an acquired right is one that a staff member may expect to survive alteration of the staff rules (see also Judgment 1226). The right may derive from the terms of appointment, the staff rules or from a decision. In Judgment 61 it was said that the amendment of a rule to an official's detriment and without his consent amounts to a breach of an acquired right when the structure of the contract of appointment is disturbed or there is impairment of any fundamental term of appointment in consideration of which the official accepted appointment."

    Reference(s)

    ILOAT Judgment(s): 61, 832, 1226

    Keywords:

    acquired right; amendment; breach; condition; consequence; contract; decision; definition; injury; international civil servant; provision; request; staff regulations and rules; terms of appointment; written rule;



  • Judgment 2682


    104th Session, 2008
    International Olive Oil Council
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "[A]ccording to the case law as established in Judgment 61, clarified in Judgment 832 and confirmed in Judgment 986, an acquired right is breached only when [...] an amendment adversely affects the balance of contractual obligations by altering fundamental terms of employment in consideration of which the official accepted an appointment, or which subsequently induced him or her to stay on. In order to determine whether there has been a breach of acquired rights, it is therefore necessary to ascertain whether the altered terms of employment are fundamental and essential within the meaning of Judgment 832."

    Reference(s)

    ILOAT Judgment(s): 61, 832, 986

    Keywords:

    acquired right; amendment; breach; complaint allowed; complaint allowed in part; condition; contract; law of contract; terms of appointment;

    Consideration 6

    Extract:

    "As the Tribunal has already indicated in [...] Judgment 832, when weighing up the consequences of a breach of an acquired right, the financial situation of the organisation applying the terms of appointment in question cannot be discounted."

    Reference(s)

    ILOAT Judgment(s): 832

    Keywords:

    acquired right; breach; budgetary reasons; complaint allowed; complaint allowed in part; condition; consequence; organisation's interest;

    Consideration 6

    Extract:

    "While the terms of a contract and some decisions will in principle give rise to acquired rights, this is not necessarily true in all circumstances of provisions of staff regulations and rules."

    Keywords:

    acquired right; complaint allowed; complaint allowed in part; condition; contract; staff regulations and rules; terms of appointment;



  • Judgment 2632


    103rd Session, 2007
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "[T]he complainants assert that their acquired rights were breached because the Agency abandoned a practice, applied to them from 1 January to 30 June 2005, involving the application to pensions of the same weightings as were applied to the remuneration of serving officials. But a practice of salary and pension adjustment, even where repeated, does not bind the Organisation that adopted it, which is at liberty to abandon it provided that it does so lawfully (see in this connection Judgment 2089). As for acquired rights, they could not be held to have been breached unless the contested reform impaired a fundamental and essential term of the complainants' conditions of appointment, which include the right to a pension (see aforementioned Judgment 2089 and the case law cited therein). This is clearly not the case here."

    Reference(s)

    ILOAT Judgment(s): 2089

    Keywords:

    acquired right; adjustment; amendment; breach; condition; cost-of-living weighting; discretion; enforcement; formal requirements; injury; organisation's duties; pension; pension adjustment system; pension entitlements; practice; salary; same; terms of appointment;



  • Judgment 2089


    92nd Session, 2002
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "the complaint attacks a decision [...] amending article 36 of the [organisation]'s pension scheme rules. while the tribunal cannot grant the claim for quashing that amended article and the complaint is, to that extent, irreceivable, the tribunal will treat it as a complaint against the application of the amended article in breach of the complainants' acquired rights."

    Reference(s)

    Organization rules reference: ARTICLE 36 OF THE EMBL'S PENSION SCHEME RULES

    Keywords:

    acquired right; amendment; application for quashing; breach; competence of tribunal; complaint; enforcement; iloat; interpretation; pension; provision; receivability; written rule;



  • Judgment 1917


    88th Session, 2000
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 7 and 8

    Extract:

    the tribunal noted that since 1974 the health insurance contract has always been concluded for periods of one year and has even been amended several times. it does not agree that the complainant has an absolute claim to a specific system of health insurance, therefore, there has been no impairment of an acquired right.

    Keywords:

    acquired right; amendment; insurance; staff member's interest;



  • Judgment 1912


    88th Session, 2000
    European Molecular Biology Laboratory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 19

    Extract:

    "international civil servants do not have an acquired right [...] to an automatic indexing of their salaries. [...] the establishing of regulations for the periodic adjustment of salary is within the discretion of the organisations provided that these regulations do not violate the principles of international civil service law and their application does not bring about an erosion of salary that could be regarded as substantially jeopardising the contractual balance between those organisations and their staff members."

    Reference(s)

    ILOAT Judgment(s): 1118

    Keywords:

    acquired right; adjustment; cost-of-living increase; discretion; international civil service principles; salary; staff regulations and rules; terms of appointment;



  • Judgment 1886


    87th Session, 1999
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9 (2)

    Extract:

    "the fact of accepting the offer of a new contract of indefinite duration cannot deprive the complainant of the rights he acquired whilst he was in the service of the [organisation] under successive fixed-term contracts."

    Keywords:

    acquired right; continuance of operations; contract; fixed-term; offer; permanent; successive contracts;

    Consideration 8

    Extract:

    the complainant accepted an offer for a permanent contract which provided that the contract would be governed by the staff rules and regulations valid as of 1 january 1997 (which would reduce his expatriation allowance). "by confining himself to the phrase 'without prejudice of my acquired rights', the complainant showed that he had no reason in principle to refuse the offer made to him, but that he merely wished to maintain his right to continue receiving the expatriation allowance at the former rate [...] in view of the above, and the fact that the [organisation] neither modified, nor proposed to modify its offer, despite the complainant's reservation, it has to be deduced that the employment relationship between the complainant and the [organisation] is based on a contract concluded after 1 january 1997. it is therefore a priori governed by the staff rules and regulations which were in force at that date [...]"

    Keywords:

    acquired right; amendment; contract; date; effective date; intention of parties; non-resident allowance; offer; permanent; rate; staff regulations and rules;

    Consideration 9 (3)

    Extract:

    "the outright abolition of the expatriation allowance would violate an acquired right, although there is no acquired right to the amount and the conditions of payment of the allowance. 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. [...] since it consists of a progressive reduction of the expatriation allowance, and not its outright abolition, resulting from general budgetary restrictions, the tribunal finds that the impugned decision does not violate the right of the complainant to the maintenance of his acquired rights."

    Reference(s)

    ILOAT Judgment(s): 366, 371

    Keywords:

    acquired right; non-resident allowance;



  • Judgment 1807


    86th Session, 1999
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    the organisation submits that the contract signed by the complainant was a new contract, not an extension of the old one, since his status had shifted from "paid associate" to "international staff member". so he was not entitled to the protection of acquired rights bestowed by an internal memorandum. according to the tribunal, "the contract which [the complainant] was offered [...] and which he signed [in october 1995] was not his first fixed-term contract, since he had begun at the [organisation] in 1991 under a fixed-term one that it had renewed more than once. nor was it a new, indefinite contract, since [...] his last contract was a fixed-term one for three years. under his earlier contracts he was a staff member".

    Keywords:

    acquired right; complaint allowed; contract; extension; fixed-term; international civil servant; permanent; successive contracts;



  • Judgment 1791


    86th Session, 1999
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 15 and 16

    Extract:

    "the complainants contend that [...] the impugned decision was in breach of [...] their right to a steady level of pay. [...] they maintain that [...] the organization acted in breach of the general principle of the international civil service known as noblemaire. the tribunal is satisfied that there was no breach here of any principle of the international civil service. [...] the measure the complainants are objecting to was exceptional and limited in time. as for their right to a steady level of pay, that measure neither changed the pay scales nor had any impact whatever on terms of employment in the long term. the conclusion is that there was no breach of acquired rights."

    Keywords:

    acquired right; amendment; breach; exception; finality of judgment; international civil servant; international civil service principles; noblemaire principle; provisional decision; reduction; right; salary; scale; terms of appointment;

    Considerations 13 and 14

    Extract:

    "the complainants plead breach of their acquired rights [...] they argue that those terms are inviolate, particularly the clauses on pay. [...] the financial crisis [facing the organization] at the material time did amount to exceptional circumstances that warranted the slight reduction in pay that [the organization] applied, for only one year anyway and in consideration for extra time off."

    Keywords:

    acquired right; amendment; budgetary reasons; compensatory leave; contract; exception; finality of judgment; proportionality; provisional decision; reduction; salary; terms of appointment;



  • Judgment 1660


    83rd Session, 1997
    European Free Trade Association
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    "according to judgment 1330 [...] and other precedents, the right to appeal to an international administrative tribunal forms part of the essential safeguards that international civil servants must enjoy."

    Keywords:

    acquired right; case law; competence of tribunal; iloat; international civil servant; right of appeal; safeguard; terms of appointment;



  • Judgment 1641


    83rd Session, 1997
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7(C)

    Extract:

    "though an organisation must observe acquired rights and keep binding promises, it has broad discretion to amend its staff regulations either directly or by incorporating the rules of the common system. in the present economic context and if, like many others, it is in financial straits, it may want to cut costs. there is nothing wrong with the common system's having rules that enable it to do so."

    Keywords:

    acquired right; amendment; budgetary reasons; coordinated organisations; discretion; limits; organisation; organisation's duties; organisation's interest; promise; purpose; reduction; staff regulations and rules;

    Consideration 7 (A)

    Extract:

    preserving accrued benefits is not the aim of the flemming principle: "it requires no more than alignment with the best conditions at the duty station."

    Keywords:

    acquired right; adjustment; fleming principle; purpose; salary; scale;



  • Judgment 1515


    81st Session, 1996
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    purchasing power at cern has plainly declined during the last several years and recent rises in pay did not offset the fall, far from it. "yet the trend does not amount to breach of a fundamental term of the appointment of cern staff." the tribunal finds no breach of acquired rights.

    Keywords:

    acquired right; adjustment; breach; cost-of-living increase; cumulative decisions; reduction; salary; terms of appointment;



  • Judgment 1514


    81st Session, 1996
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    as first set out in judgment 986 [...] and reaffirmed in judgment 1368, "the case law is that international officials may allege breach of an acquired right when there is impairment of an essential and fundamental term of conditions of employment; and that is so even where impairment is gradual and due to an accretion of final decisions which are no longer open to challenge and each of which, taken singly, would not itself have been deemed unlawful."

    Reference(s)

    ILOAT Judgment(s): 986, 1368

    Keywords:

    acquired right; amendment; breach; case law; cumulative decisions; judicial review; terms of appointment;

    Consideration 12

    Extract:

    "the complainants put their cumulative loss at some 10 per cent of the purchasing power of their pay since 1990 [...] and say it impairs an essential term of employment. a fall in purchasing power below some critical point may indeed be breach of an official's acquired right. but, save where the written rules require the indexing of pay, not every financial setback the official may suffer will amount to such breach." (the tribunal cites judgment 832.)

    Reference(s)

    ILOAT Judgment(s): 832

    Keywords:

    acquired right; adjustment; breach; case law; cost-of-living increase; cumulative decisions; reduction; salary; staff regulations and rules; terms of appointment;

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Last updated: 17.04.2014 ^ top