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Amendment to the rules (233,-666)

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Keywords: Amendment to the rules
Total judgments found: 212

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  • Judgment 3939


    125th Session, 2018
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to extend his appointment beyond the statutory retirement age.

    Consideration 7

    Extract:

    [I]t is clear from the explanations supplied by UNESCO in its written submissions to the Appeals Board and in those filed with the Tribunal that the complainant’s argument regarding his term of office was in fact taken into account by the Director-General when assessing the merits of his request. [...]
    In addition, this decision will not be censured for the inadequacy of its initial reasoning, since the Tribunal’s case law accepts that the reasons for an administrative decision may be supplied or supplemented a posteriori during appeal proceedings (see, in particular, Judgments 1817, under 6, 2194, under 7, or 3660, under 3). This was the case here, and the complainant is wrong to submit that when UNESCO subsequently provided explanations, it modified the original reasons for the contested decision, since it merely clarified them.

    Reference(s)

    ILOAT Judgment(s): 1817, 2194, 3660

    Keywords:

    amendment to the rules; grounds; internal procedure;



  • Judgment 3185


    114th Session, 2013
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully challenges her performance evaluation report, alleging personal prejudice and discrimination on the part of her direct supervisor.

    Consideration 7(b)

    Extract:

    "The rule that administrative acts cannot apply retroactively [...] prevents an international organisation from altering definitively established legal situations, for example by calling into question an appraisal of service rendered during an evaluation period prior to the adoption of the new rules, as occurred in the instant case."

    Keywords:

    amendment to the rules; complaint allowed in part; non-retroactivity; organisation's duties; period; work appraisal; written rule;



  • Judgment 3135


    113th Session, 2012
    Technical Centre for Agricultural and Rural Cooperation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    The Tribunal […] draws attention to the fact that, generally speaking, the terms of employment of staff members of international organisations may vary according to amendments of the existing staff regulations or staff rules and that such references to the original provisions as may be contained in their employment contracts do not prevent this.

    Keywords:

    amendment to the rules; applicable law; terms of appointment;

    Consideration 25

    Extract:

    [T]he fact that the amendment of this term of employment was prompted by financial considerations does not in itself make it unlawful (see, for example, [...] Judgments 832, 2682 and 2986).

    Reference(s)

    ILOAT Judgment(s): 832, 2682, 2986

    Keywords:

    amendment to the rules; financial considerations;



  • Judgment 3123


    113th Session, 2012
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "[A]n international organisation is bound by the rules which it has itself laid down, as long as it has not modified or repealed them (see Judgment 1896, under 5(d)), and this principle is especially relevant in disciplinary matters."

    Reference(s)

    ILOAT Judgment(s): 1896

    Keywords:

    amendment to the rules; complaint allowed; complaint allowed in part; disciplinary measure; disciplinary procedure; general principle; organisation's duties; patere legem; written rule;



  • 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 to the rules; 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 3073


    112th Session, 2012
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "According to the case law, an international organisation which decides to hold a competition in order to fill a post cannot select a candidate who does not satisfy one of the required qualifications specified in the vacancy notice. Such conduct, which is tantamount to modifying the criteria for appointment to the post during the selection process, incurs the Tribunal's censure on two counts. Firstly, it violates the principle of patere legem quam ipse fecisti, which forbids the Administration to ignore the rules it has itself defined. In this respect, a modification of the applicable criteria during the selection procedure more generally undermines the requirements of mutual trust and fairness which international organisations have a duty to observe in their relations with their staff. Secondly, the appointment body's alteration, after the procedure had begun, of the qualifications which were initially required in order to obtain the post, introduces a serious flaw into the selection process with respect to the principle of equal opportunity among candidates. Irrespective of the reasons for such action, it inevitably erodes the safeguards of objectivity and transparency which must be provided in order to comply with this essential principle, breach of which vitiates any appointment based on a competition. (See Judgments 1158, 1646, 2584 and 2712.)"

    Reference(s)

    ILOAT Judgment(s): 1158, 1646, 2584, 2712

    Keywords:

    amendment to the rules; appointment; breach; candidate; competition; complaint allowed; condition; criteria; decision quashed; equal treatment; equity; flaw; grounds; organisation's duties; patere legem; safeguard; vacancy notice; working relations; written rule;



  • 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 to the rules; breach; condition; contract; terms of appointment;



  • Judgment 2963


    110th Session, 2011
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    Quashing of a retroactive termination of appointment for reasons of health.
    "It is well settled that an international organisation cannot retrospectively alter the rights and obligations of staff members to their detriment, whether by written rule or otherwise (see, for example, Judgments 595, under 5 and 6, 1669, under 17 and 18, and 1979, under 5(h))."

    Reference(s)

    ILOAT Judgment(s): 595, 1669, 1979

    Keywords:

    amendment to the rules; non-retroactivity; right; staff member's duties; staff member's interest; written rule;



  • Judgment 2936


    109th Session, 2010
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    "[T]rifling differences in the respective situations of staff members do not justify different treatment where the people concerned are in what may be regarded as comparable, albeit not identical positions vis-ŕ-vis the rule applying to them [...]."

    Reference(s)

    ILOAT Judgment(s): 792, 2066

    Keywords:

    amendment to the rules; breach; complaint allowed; complaint allowed in part; difference; equal treatment; general principle; right; same; staff regulations and rules; written rule;



  • Judgment 2877


    108th Session, 2010
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 23

    Extract:

    "In Judgment 2875, [...] which raises the same issue in substance as the present case, the Tribunal held that, to the extent that the specimen contract introduced provisions with respect to the pensions of Vice-Presidents who previously served in the European Patent Office, it should have been referred to the [General Advisory Committee]. Although the complainants in this case have not based their arguments on the Pension Scheme Regulations, the rulings in considerations 6 to 10 of that judgment are equally applicable to their complaints."

    Reference(s)

    ILOAT Judgment(s): 2875

    Keywords:

    advisory body; amendment to the rules; consultation; organisation's duties; pension; pension entitlements; staff member's interest; staff regulations and rules;



  • Judgment 2876


    108th Session, 2010
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 27

    Extract:

    In their capacity as staff representatives, the complainants challenged the Administrative Council's decision to introduce a new specimen contract for Vice-Presidents without prior consultation with the General Advisory Committee.
    "In Judgment 2875, [...] which raises the same issue in substance as the present case, the Tribunal held that, to the extent that the specimen contract introduced provisions with respect to the pensions of Vice-Presidents who previously served in the European Patent Office, it should have been referred to the [General Advisory Committee]. Although the complainants in this case have not based their arguments on the Pension Scheme Regulations, the rulings in considerations 6 to 10 of that judgment are equally applicable to their complaints."

    Reference(s)

    ILOAT Judgment(s): 2875

    Keywords:

    advisory body; amendment to the rules; consultation; organisation's duties; pension; pension entitlements; staff member's interest; staff regulations and rules;



  • Judgment 2875


    108th Session, 2010
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    In their capacity as members of the General Advisory Committee, the complainants challenged the Administrative Council's decision to introduce a new specimen contract for Vice-Presidents without prior consultation with the General Advisory Committee.
    "[T]o the extent that the specimen contract introduced provisions with respect to the pensions of Vice-Presidents who previously served in the European Patent Office, it should have been referred to the [General Advisory Committee]."

    Reference(s)

    Organization rules reference: Article 10(2) Pension Scheme Regulations; Articles 1(5) and 38(3) Service Regulations for Permanent Employees of the European Patent Office

    Keywords:

    advisory body; amendment to the rules; consultation; organisation's duties; pension; pension entitlements; staff member's interest; staff regulations and rules;



  • Judgment 2865


    108th Session, 2010
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4(b)

    Extract:

    Article 72 of the Service Regulations for Permanent Employees of the European Patent Office, the EPO's secretariat, concerns the expatriation allowance. Article 72(1) reads as follows:
    "An expatriation allowance shall be payable to permanent employees who, at the time they take up their duties or are transferred:
    a) hold the nationality of a country other than the country in which they will be serving, and
    b) were not permanently resident in the latter country for at least three years, no account being taken of previous service in the administration of the country conferring the said nationality or with international organisations."
    "The country in which the permanent employee is permanently resident, within the meaning of Article 72(1)(b) of the Service Regulations, is that in which he or she is effectively living, that is to say the country with which he or she maintains the closest objective and factual links. The closeness of these links must be such that it may reasonably be presumed that the person concerned is resident in the country in question and intends to remain there. A permanent employee interrupts his or her permanent residence in a country when he or she effectively leaves that country with the intention - which must be objectively and reasonably credible in the light of all the circumstances - to settle for some length of time in another country (see Judgment 2653, under 3)."

    Reference(s)

    Organization rules reference: Article 72(1) of the Service Regulations for Permanent Employees of the European Patent Office
    ILOAT Judgment(s): 2653

    Keywords:

    amendment to the rules; appointment; condition; definition; duty station; intention of parties; international civil servant; member state; nationality; non-resident allowance; organisation; payment; period; residence; staff regulations and rules; transfer;



  • Judgment 2850


    107th Session, 2009
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "[T]he complainant argues that his initial appointment ought to have been for an undetermined period since his duties were of a lasting nature. However, as he was recruited under a contract for a limited period his situation is in any case governed by the provisions applicable to such contracts, and even on the assumption that his post should normally have been filled by a servant appointed for an undetermined period - which, as can be seen from Judgment 1450, is not a matter which the Tribunal will review - this fact by itself could not lead to a redefinition of his appointment."

    Reference(s)

    ILOAT Judgment(s): 1450

    Keywords:

    amendment to the rules; appointment; complaint allowed; complaint allowed in part; contract; duration of appointment; judicial review; permanent; provision; short-term;



  • Judgment 2845


    107th Session, 2009
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    According to Article 9.8, paragraph 2, of the UPU Staff Regulations, the Director General may, in the interest of the Union, extend the age limit in exceptional cases. The Tribunal considers that "the Director General's refusal to extend the complainant's service beyond the statutory age limit constitutes an act of retaliation [...]. The Director General used his discretionary authority for purposes other than those for which it was intended, thereby committing an abuse of authority. It follows that the impugned decision must be set aside."

    Reference(s)

    Organization rules reference: Article 9.8, paragraph 2, of the UPU Staff Regulations

    Keywords:

    age limit; amendment to the rules; career; complaint allowed; decision quashed; discretion; exception; executive head; extension; hidden disciplinary measure; misuse of authority; organisation's interest; purpose; refusal; staff regulations and rules;



  • Judgment 2783


    106th Session, 2009
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 12 to 14

    Extract:

    The complainant, who parks his car in the Vienna International Centre (VIC), is challenging the decision to double the monthly parking fee effective 1 January 2007.
    "In the present case, the impugned decision affects the complainant not as a staff member of the Agency but in his capacity as a user of the VIC garage. Moreover, the financial conditions governing the use of this garage, which is merely a facility offered to the staff of the various international organisations occupying the VIC, do not form part of the complainant's terms of appointment or of the Agency's Staff Regulations.
    'While the payment of the fee for the use of the garage does in fact take the form of a direct deduction from the Agency's staff members' salaries, this is simply a means of payment adopted for convenience sake, which does not in any way alter the nature of the fee and does not, in particular, have the effect of incorporating it into the complainant's terms of employment. In this respect, the deduction is comparable to those which an employer may effect from an employee's wages for the purpose of paying, for example, a tax or contribution that is levied at source; here too, the fact that the tax or contribution is so deducted does not afford grounds for considering it to be part of the employee's terms of employment.
    This dispute does not therefore fall within the scope of the [...] provisions of Article II, paragraph 5, of the Statute of the Tribunal."

    Reference(s)

    ILOAT reference: Article II, paragraph 5, of the Statute of the Tribunal

    Keywords:

    amendment to the rules; amount; competence of tribunal; condition; contract; deduction; effect; facilities; iloat statute; increase; international civil servant; payment; provision; salary; staff regulations and rules; status of complainant; tax; terms of appointment;



  • Judgment 2708


    104th Session, 2008
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    For the period 24 June 2002 to 31 December 2003 the complainant was given a fixed-term contract, financed from technical cooperation funds, which was extended until 30 June 2004. The complainant was subsequently given two external collaboration contracts, the second one ending on 31 March 2005. The contractual relationship between the complainant and the ILO ended at that date. "It emerges from an analysis of [the provisions of Circular No. 630] that short-term contracts should be offered in only specific cases and for a limited duration.
    Having already obtained a fixed-term contract which had been extended, the complainant could not be recruited under a short-term contract, let alone under an external collaboration contract, to continue performing the same work as he had performed under his fixed-term contract, without contravening the spirit of the applicable texts.
    The complainant's last two contracts should therefore be converted into a fixed-term contract."

    Reference(s)

    Organization rules reference: ILO Circular No. 630

    Keywords:

    administrative instruction; amendment to the rules; breach; claim; complaint allowed; complaint allowed in part; condition; consequence; contract; duration of appointment; extension; external collaborator; fixed-term; limits; period; project personnel; provision; same; separation from service; short-term; written rule;



  • 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 to the rules; breach; condition; consequence; contract; decision; definition; injury; international civil servant; provision; request by a party; 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 to the rules; breach; complaint allowed; complaint allowed in part; condition; contract; law of contract; terms of appointment;



  • Judgment 2637


    103rd Session, 2007
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 22

    Extract:

    The complainant requests that the effective date of the administration's decision to grant her international status be changed to December 1991 instead of August 2005. "[I]t may be noted that, exceptionally, retroactive effect may be granted to a decision where the effect is favourable to a staff member (see Judgment 1130). In the present case, however, a grant of retroactivity would confer no benefit on the complainant either in relation to home leave or education grant. In the circumstances, the rule against retroactivity should be applied."

    Reference(s)

    ILOAT Judgment(s): 1130

    Keywords:

    allowance; amendment to the rules; claim; date; decision; education expenses; effect; enforcement; exception; general principle; home leave; international civil servant; non-local status; non-retroactivity; staff member's interest; withdrawal of decision;

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Last updated: 19.06.2019 ^ top