Amendment to the rules (233,-666)
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Keywords: Amendment to the rules
Total judgments found: 214
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Judgment 113
18th Session, 1967
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"As a general rule, amendments made to the Staff Regulations by the competent authority apply forthwith to serving staff members. It is otherwise, however, when the Regulations themselves lay down that the status of staff members in any particular respect is finally settled at a specific date."
Keywords:
acquired right; amendment to the rules; enforcement; exception; provision; staff regulations and rules;
Judgment 106
17th Session, 1967
United International Bureaux for the Protection of Intellectual Property
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5(B)
Extract:
"The Director [...] was entitled to undertake a general reclassification of staff members within the prescribed grades at the time the new system was introduced, and [...] for the purpose of this reclassification the duties formerly performed by the staff members concerned had to be taken into account, but only as one factor among others."
Keywords:
amendment to the rules; organisation's duties; post classification; reorganisation; staff regulations and rules;
Judgment 103
17th Session, 1967
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant seeks to have a general administrative instruction making various amendments to the Staff Regulations set aside, "without adducing any decision applying any one of these amendments to his particular case. Thus he does not allege non-compliance with any of the terms of his contract of employment, nor, in general, any violation of his official status." The Tribunal is not competent to hear the complaint.
Keywords:
administrative instruction; amendment to the rules; application for quashing; competence of tribunal; enforcement; general decision; individual decision; staff regulations and rules;
Judgment 81
14th Session, 1965
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The aim of the complaint is to contest, not that the regulations in force at the time of the death were correctly applied, but the validity of the bases on which the amount of the widow's pension was calculated resulting from the application of the new pension arrangement. In the opinion of the complainant, the new arrangement adversely affected the balance of contracted obligations of her husband and infringed the essential terms in consideration of which he had accepted appointment. The validity of the applicable statutory provisions is thus questioned as regards terms of appointment and the legality of the decision which made these provisions applicable in his particular case.
Keywords:
acquired right; amendment to the rules; amount; pension; pension entitlements; staff regulations and rules; successor; survivor's benefit; terms of appointment;
Judgment 80
14th Session, 1965
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Far from citing any non-compliance with the texts in force on the date when her pension became payable, "the complainant asserts that the impugned decision is illegal in that it makes her subject to a system which alters the balance of contractual obligations with respect to her and infringes the conditions which induced her to accept service with [the organisation]". She therefore challenges the validity of the applicable regulations with respect to the conditions of her appointment and the legality of the decision by virtue of which these decisions were made applicable to her individually.
Keywords:
acquired right; amendment to the rules; pension; pension entitlements; provision; staff regulations and rules; terms of appointment;
Consideration 5
Extract:
Decisions of a general nature "could be contested before the Tribunal only within the period of 90 days specified in Article VII, paragraph 2, of the Statute of the Tribunal [...]. The said decisions were not contested within the required time; they became final so far as the complainant is concerned and irrevocably modified, prior to the date on which her pension rights were settled, both the terms of her contract of appointment and the regulations applicable in her case."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 2, OF THE STATUTE
Keywords:
amendment to the rules; complaint; general decision; pension; pension entitlements; provision; receivability of the complaint; staff regulations and rules; time bar; time limit;
Judgment 64
11th Session, 1962
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Since the complainant had been duly allowed to relinquish his duties in time to enable him to reach his recognised home by the effective date of his separation from service, it can only be for personal reasons that he postponed his departure after that date." He is not entitled to the additional salary he claims, but only to the per diem travel allowance.
Keywords:
allowance; amendment to the rules; compassionate leave; date; right; separation from service; travel expenses;
Judgment 61
10th Session, 1962
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"Provisions which appertain to the individual terms and conditions of an official, in consideration of which he accepted appointment [...], should to a large extent be assimilated to contractual stipulations. Hence, if the efficient functioning of the organisation in the general interest of the international community requires that the latter type of provisions should not be frozen at the date of appointment and continue so for its entire duration, such provisions may be modified in respect of a serving official and without his consent but only insofar as modification does not adversely affect the balance of contractual obligations or infringe the essential terms in consideration of which the official accepted appointment."
Keywords:
acquired right; amendment to the rules; contract; law of contract; organisation's duties; organisation's interest; terms of appointment;
Consideration 13
Extract:
"Even where the provisions of the Staff Regulations and Rules are alone applicable, the power to modify them vested in the international organisation is governed by different legal rules according to whether the provisions concerned fall with the first or the second of the two types of provisions".
Keywords:
amendment to the rules; difference; procedure before the tribunal; provision; staff regulations and rules;
Consideration 27
Extract:
The payment of family allowances is abolished in certain cases, although the entitlement has simultaneously been extended and the rates increased. The decision-making body, "far from infringing [the complainant's] rights, merely altered the conditions for the grant of family allowances within the framework of a family welfare policy which it is entitled to establish. Moreover, the changes are in general favourable to the interests of those concerned. The complaint is therefore not justified in this respect".
Keywords:
acquired right; amendment to the rules; discretion; family allowance; provision; staff regulations and rules;
Consideration 21
Extract:
"While the adoption of the new pension scheme seriously impaired the complainant's rights, it is impossible to assess the full extent of the impairment at this stage. In particular the Tribunal does not know at what age the complainant will retire and what provisions will then be in force. Therefore the Tribunal cannot now order the [organisation] to pay compensation to the complainant or to guarantee him a particular benefit." However, it recognises the complainant's right to receive those benefits to which he would have been entitled under the old pension scheme and the right if need be to apply once more to the Tribunal.
Keywords:
acquired right; amendment to the rules; amount; consequence; injury; pension; provision; staff regulations and rules;
Consideration 18
Extract:
"Actually, it is doubtful whether, taken in isolation, these various changes seriously impaired a right that could have induced the complainant to enter the service of the [organisation], but taken in conjunction the changes did have this effect. Therefore, by making the changes applicable to the complainant, the [organisation] infringed the terms of his appointment."
Keywords:
acquired right; amendment to the rules; provision; staff regulations and rules; terms of appointment;
Consideration 14
Extract:
The organisation altered the pensions scheme, family allowances and termination benefits in case of abolition of post. While it "was, in principle, empowered to do so, it falls to be considered whether it thereby altered the balance of contractual obligations or infringed the essential terms of appointment in consideration of which the complainant [...] agreed to accept service with [the organisation]."
Keywords:
abolition of post; acquired right; amendment to the rules; consequence; contract; family allowance; judicial review; pension; terminal entitlements; terms of appointment;
Consideration 24
Extract:
The changes in the guarantees provided in the event of abolition of post "constitute a serious infringement of the terms of appointment" of the complainant. He is therefore justified in maintaining that the Secretary-General was not entitled to declare that the material regulation was applicable to his terms of appointment.
Keywords:
abolition of post; amendment to the rules; provision; safeguard; staff regulations and rules; termination of employment; terms of appointment;
Consideration 24
Extract:
A comparison of the old and new provisions reveals "that in the event of termination owing to the abolition of the official's post the new regulations abolish all immediate right to a pension and substitute for an allowance of a stated amount, guaranteed under the former article [...] a benefit of an amount to be decided by the administrative council at its absolute discretion; these two changes constitute a serious infringement of the [complainant's] terms of appointment [...]."
Keywords:
abolition of post; acquired right; amendment to the rules; discontinuance; pension entitlements; provision; repeal; staff regulations and rules; terminal entitlements; termination of employment; terms of appointment;
Consideration 12
Extract:
The "provisions which appertain to the structure and functioning of the international civil service and [...] benefits of an impersonal nature and subject to variation [...] are statutory in character and may be modified at any time in the interest of the service, subject, nevertheless, to the principle of non-retroactivity and to such limitations as the competent authority itself may place upon its powers to modify them."
Keywords:
amendment to the rules; competence; decision-maker; non-retroactivity; organisation's interest; provision; staff regulations and rules;
Consideration 17
Extract:
"[The] salary increases resulted from the equating of the complainant's salary to that of officials of the United Nations with similar duties and responsibilities, and such salary increases cannot be set off against any loss which the complainant can be shown to have suffered as the result of the application to him of the new conditions of service."
Keywords:
amendment to the rules; compensatory measure; enforcement; increase; provision; reduction of salary; salary; staff regulations and rules; terms of appointment;
Judgment 51
8th Session, 1960
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The Staff Regulations make provision for amendments to be made to them without prejudice to acquired rights. While the amount of the non-resident's allowance is not a matter of acquired rights, "the entitlement to the allowance actually paid [...] at the former rate constituted an acquired right within the meaning of [the material] Staff Regulation [...] which, under the most restrictive interpretation, has the same scope as the principle of the prohibition of retroactivity." A back-dated reduction of the amount of the allowance is unlawful.
Keywords:
acquired right; amendment to the rules; amount; non-resident allowance; non-retroactivity; provision; reduction of salary; staff regulations and rules;
Judgment 41
8th Session, 1960
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The Director-General rejected a request submitted by the complainant in March. Although in April he approved the new provisions "that would be in conformity with the claims of the complainant, [those provisions have] no retroactive effect. Therefore it cannot be applicable to the case of the complainant, on whose entitlement rulings were given in the impugned decisions of [December and March]."
Keywords:
amendment to the rules; enforcement; non-retroactivity; provision; staff regulations and rules;
Consideration 2
Extract:
A provision of the Staff Regulations lays down the principle of entitlement to sick or maternity leave and empowers the Director-General to issue rules governing the grant of such leave. On [date] "the Director-General had not yet made use of the power that had been granted to him, so that it was for the Director-General, on receipt of a request for maternity leave from [the complainant], to determine the manner in which the application would be granted."
Keywords:
amendment to the rules; condition; discretion; enforcement; maternity leave; provision; sick leave; staff regulations and rules;
Judgment 39
7th Session, 1958
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The adoption of revised salary scales together with a new classification plan [...] cannot in itself be put forward as justification for proceeding to an arbitrary and unfair treatment of officials [...]. Any such system may only be applied in the interest of the organisation and in accordance with the guarantees [set out in the Staff Regulations]; it is only where evidence has been adduced before the Tribunal to show that the organisation failed properly and fairly to observe the terms of an official's appointment and of the [...] regulations applicable that a claim would be in judgment."
Keywords:
amendment to the rules; equal treatment; grade; judicial review; post classification; provision; salary; scale; staff regulations and rules;
Judgment 30
6th Session, 1957
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
No regulations govern the conditions of employment of officials of branch offices. The complainant, an official of a branch office, was personally appointed secretary; it was natural that he should set great store by a distinction granted to him after 25 years of service. "The decision to change the complainant's title unjustifiably modified a former decision which had been in the nature of a personal reward; the Tribunal [...] finds for the complainant, insofar only as the retention of the title of secretary is concerned".
Keywords:
amendment to the rules; field; no provision; terms of appointment; title of post;
Judgment 29
6th Session, 1957
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"In fact, the term 'acquired rights' has no other import than that, up to the date of amending the Regulations in force, there shall be no interference with the application of the said Regulations to an official and that the amended Regulations shall have no retrospective effect."
Keywords:
acquired right; amendment to the rules; definition; enforcement; non-retroactivity; provision; staff regulations and rules;
Judgment 13
4th Session, 1954
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Director-General based his decision on the provision empowering him to dismiss at any time a probationer whose services are deemed unsatisfactory on condition that the reasons for the decision be given in writing. The internal appeals body believed that the provision on the interests of the organization afforded a further possible justification for the measure. The director confirmed the decision. "At that stage [...] a change of grounds would have vitiated the procedure".
Keywords:
amendment to the rules; discretion; duty to substantiate decision; enforcement; flaw; grounds; organisation's interest; probationary period; procedural flaw; staff regulations and rules; termination of employment; unsatisfactory service;
Judgment .13
Sessions of the Administrative Tribunal of the League of Nations, 1946
League of Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
amendment to the rules; delay; interpretation; promise; receivability of the complaint;
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