Terms of appointment (249, 251, 252, 253, 968, 254, 255, 256, 257, 258, 259, 260, 261, 262, 264, 265, 266, 267, 268, 269, 270, 271, 945, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 666, 282, 283, 284, 285, 286, 287, 288, 289, 290, 292, 293, 294, 295, 296, 297, 298, 299, 300, 301, 302, 303, 304, 305, 306, 307, 308, 310, 311, 312, 313, 314, 661, 660, 686, 309, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 648, 654, 671, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 677, 378, 379, 380, 381, 382, 649, 383, 384, 385, 386, 387, 388, 491, 492, 493, 494, 495, 496, 497, 500, 501, 502, 503, 504, 505, 506, 836,-666)
You searched for:
Keywords: Terms of appointment
Total judgments found: 123
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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; official; provision; request by a party; staff regulations and rules; terms of appointment; written rule;
Judgment 2690
104th Session, 2008
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The Commission adopted a directive stipulating that staff members appointed to the Professional and higher categories and internationally recruited staff should not, except in certain limited exceptions, remain in service for more than seven years. "The Tribunal cannot accept the complainant's argument regarding the legality of the Directive on the ground that the Preparatory Commission has established, almost from the very beginning of its existence, the non-career character of its functions. Its very nature of being a 'preparatory commission' for the Comprehensive Nuclear-Test-Ban Treaty Organization makes it obvious that the decision thus adopted was in perfect coherence with its own mandate, which is not of a permanent nature."
Keywords:
administrative instruction; contract; decision; exception; fixed-term; limits; non-local status; non-renewal of contract; organisation's interest; professional category; security of tenure; terms of appointment;
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; condition; contract; law of contract; terms of appointment;
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; condition; contract; staff regulations and rules; terms of appointment;
Judgment 2657
103rd Session, 2007
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant contests the decision not to appoint him to a post as examiner at the European Patent Office on the grounds that he did not meet the physical requirements for the post. The Organisation submits that the Tribunal is not competent to hear complaints from external applicants for a post in an organisation that has recognised its jurisdiction. "However regrettable a decision declining jurisdiction may be, in that the complainant is liable to feel that he is the victim of a denial of justice, the Tribunal has no option but to confirm the well-established case law according to which it is a court of limited jurisdiction and 'bound to apply the mandatory provisions governing its competence', as stated in Judgment 67, delivered on 26 October 1962. [...]
It [can be inferred from Article II of the Statute of the Tribunal] that persons who are applicants for a post in an international organisation but who have not been recruited are barred from access to the Tribunal. It is only in a case where, even in the absence of a contract signed by the parties, the commitments made by the two sides are equivalent to a contract that the Tribunal can decide to retain jurisdiction (see for example Judgment 339). According to Judgment 621, there must be 'an unquestioned and unqualified concordance of will on all terms of the relationship'. That is not the case, however, in the present circumstances: while proposals regarding an appointment were unquestionably made to the complainant, the defendant was not bound by them until it had established that the conditions governing appointments laid down in the regulations were met."
Reference(s)
ILOAT reference: Article II of the Statute
ILOAT Judgment(s): 67, 339, 621
Keywords:
appointment; candidate; case law; competence of tribunal; complaint; condition; consequence; contract; declaration of recognition; definition; exception; external candidate; formal requirements; grounds; handicapped person; iloat statute; intention of parties; interpretation; medical examination; medical fitness; open competition; organisation; post; proposal; provision; refusal; terms of appointment; vested competence; written rule;
Judgment 2649
103rd Session, 2007
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
Acting in his capacity as Chairman of the Staff Committee of the EPO's sub-office in Vienna, the complainant submitted a request to the President of the Office that the "staff salary scales mentioned in the annex to Part 2 of the Codex" be forwarded to all agencies supplying temporary personnel to the Office. The President refused to grant the request submitted to him, denying that temporary workers were entitled to remuneration equal to that of EPO staff and underlining that neither the Service Regulations nor the conditions of employment for contract staff applied to temporary workers. The EPO submits that the complainant does not have locus standi to represent temporary workers supplied to the Office. "It is well settled that members of the Staff Committee may rely on their position as such to ensure observance of the Service Regulations (see Judgments 1147 and 1897); but in order for a complaint submitted to the Tribunal on behalf of a Staff Committee to be receivable, it must allege a breach of guarantees which the Organisation is legally bound to provide to staff who are connected with the Office by an employment contract or who have permanent employee status, this being a sine qua non for the Tribunal's jurisdiction. In the absence of such a connection resting on a contract or deriving from status, the claim that the Office should forward its salary scales to agencies supplying temporary personnel - whose conditions of employment and remuneration are in any event beyond the jurisdiction of the Tribunal - cannot be entertained."
Reference(s)
ILOAT Judgment(s): 1147, 1897
Keywords:
breach; claim; communication to third party; competence of tribunal; complaint; condition; contract; enforcement; equal treatment; executive head; external collaborator; locus standi; no provision; official; organisation's duties; provision; receivability of the complaint; refusal; request by a party; right; safeguard; salary; scale; staff regulations and rules; staff representative; staff union; terms of appointment; vested competence;
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 to the rules; breach; condition; cost-of-living weighting; discretion; enforcement; formal requirements; injury; organisation's duties; pension; pension adjustment system; pension entitlements; practice; salary; terms of appointment;
Judgment 2362
97th Session, 2004
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"By virtue of successive short-term contracts and extensions thereof, [the complainant's] service lasted for four years. The series of extensions and the grant of pension coverage and other benefits did not signify a change in her original status. Staff Rule 3.5(a) [...] cannot be invoked by her as proof that her appointment had been converted to fixed-term. While this provision ostensibly bestows on her 'the terms and conditions of a fixed-term appointment', it would be stretching the intent and signification of the provision to make the complainant a fixed-term official (see Judgment 1666). Had that been the purpose of the Rule, it would have explicitly so provided instead of stating that 'the terms and conditions of a fixed-term appointment [...] shall apply to [the official concerned]'. The complainant was recruited as a short-term official and remained one at all times."
Reference(s)
Organization rules reference: Staff Rule 3.5(a) of the Rules Governing Conditions of Service of Short-Term Officials
ILOAT Judgment(s): 1666
Keywords:
amendment to the rules; commutation; contract; evidence; extension of contract; fixed-term; fringe benefits; fund membership; interpretation; official; period; provision; purpose; short-term; staff regulations and rules; status of complainant; successive contracts; terms of appointment; unjspf;
Considerations 8-9
Extract:
The complainant's candidacy to a vacant post was rejected. "She states that her immediate supervisor [had] received a minute from HRD, instructing her that in preparing her shortlist of candidates, priority should be given to internal candidates, then to those persons who had been working for the Office for an extended period on what are regarded as 'precarious' conditions, such as herself, and lastly to other external candidates. She contends that, contrary to the instructions in the minute, her supervisor reviewed all the candidates in order to prepare her shortlist, disregarding those priorities, thus rendering the selection decision null and void. [The Tribunal considers that] what is important, however, is that the recruitment procedure in the Staff Regulations and the terms of the vacancy notice were complied with. The priorities for shortlisting candidates were merely indicated in a minute from HRD."
Keywords:
appointment; breach; candidate; competition; information note; internal candidate; priority; procedure before the tribunal; refusal; staff regulations and rules; submissions; supervisor; terms of appointment; vacancy; vacancy notice;
Judgment 2351
97th Session, 2004
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 7(c) and 8(a)
Extract:
When he was recruited the complainant provided a copy of a diploma but its authenticity was questioned a few years later. The matter was queried with the educational establishment and the Secretary-General then issued the complainant a written censure. The Tribunal considers that "there was not sufficient proof either that the diploma was not issued to the complainant [...] or that the latter had been informed that, according to the [educational establishment], he was not entitled to receive it. The Secretary-General might have enquired further into the aspects which remained uncertain, but did not do so. The 'likelihood' referred to by the Secretary-General, if it is not incontrovertibly ascertained, cannot make up for the lack of conclusive evidence. Based as it is on an arbitrary appraisal of the facts, the impugned decision as far as it concerns the disciplinary sanction must therefore be set aside. Although it did not give rise to a written decision, the non-renewal of the short-term contract was based on charges levelled against the complainant in the course of the disciplinary procedure. The mere cancellation of the disciplinary sanction must entail that of the decision of non-renewal."
Keywords:
bias; consequence; contract; decision; decision quashed; degree; disciplinary measure; disciplinary procedure; executive head; grounds; implied decision; inquiry; investigation; lack of evidence; non-renewal of contract; organisation's duties; right; short-term; terms of appointment; warning;
Judgment 2350
97th Session, 2004
European Free Trade Association
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant seeks the revision of certain rules and policies. EFTA submits that such a claim is irreceivable. "In this it is clearly correct. Relevantly, the Tribunal is competent only to hear complaints with respect to the non-observance of the terms of appointment or the provisions of EFTA's Staff Regulations and Rules."
Keywords:
amendment to the rules; breach; claim; competence of tribunal; complaint; iloat statute; provision; receivability of the complaint; staff regulations and rules; terms of appointment; vested competence;
Judgment 2315
96th Session, 2004
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 25
Extract:
The Commission adopted a directive stipulating that staff members appointed to the Professional and higher categories and internationally recruited staff should not, except in certain limited exceptions, remain in service for more than seven years. "A change in the nature of the discretion to be exercised in determining whether to grant future rights by the extension or renewal of a contract cannot be said to effect a change in an existing legal interest, much less in an existing legal right or existing legal status. Accordingly, the seven year policy embodied in [the] directive [...] is not retroactive even if the seven year period is computed from a time prior to the proclamation of that policy."
Keywords:
amendment to the rules; appointment; career; consequence; contract; date; decision; discretion; exception; extension of contract; general principle; limits; non-local status; official; organisation; period; professional category; publication; reckoning; right; staff member's interest; status of complainant; terms of appointment; written rule;
Consideration 17
Extract:
The Commission adopted a directive stipulating that staff members appointed to the Professional and higher categories and internationally recruited staff should not, except in certain limited exceptions, remain in service for more than seven years. In accordance with this directive, the complainant's contract was not renewed. "Much of the complainant's argument is directed to the proposition that the Commission cannot secure services of the standard specified in [Staff] Regulation 4.2 if it cannot retain those services beyond seven years, particularly as it has to compete for staff with other international organisations. That proposition is not self-evidently correct. Nor is it established by pointing, as the complainant does in his submissions, to international organisations which have a similar policy and which, according to the complainant, have or may have had difficulties in recruiting and retaining suitable staff. Moreover, [...] exceptions [are allowed] in the case of a need to retain 'essential expertise or memory in the Secretariat' ensures that, to that extent, its staffing needs can be satisfied."
Reference(s)
Organization rules reference: CTBTO PrepCom's Staff Regulation 4.2
Keywords:
appointment; career; contract; enforcement; exception; general principle; lack of evidence; limits; non-local status; non-renewal of contract; official; organisation; professional category; qualifications; safeguard; staff regulations and rules; terms of appointment; written rule;
Consideration 20
Extract:
The Commission adopted a directive stipulating that staff members appointed to the Professional and higher categories and internationally recruited staff should not, except in certain limited exceptions, remain in service for more than seven years. In accordance with this directive, the complainant's contract was not renewed. "Although the embodiment of the seven year policy in [the] directive may properly be viewed as the prescribing of a term or condition upon which fixed-term contracts may be granted, it does not itself operate as the imposition of that term or condition. To be effective, a term or condition of the kind now in question must be incorporated in the contract, even if only by reference: a reference to the Staff Regulations and Rules is not sufficient because they do not incorporate the [...] directive in question. By implementing the seven year policy in the way that he purported to do in the present case, the Executive Secretary was attempting to enforce a term or condition that was not incorporated in the contract between the complainant and the Preparatory Commission."
Keywords:
appointment; career; complainant; condition; contract; effect; enforcement; exception; executive head; fixed-term; general principle; limits; non-local status; non-renewal of contract; official; organisation; professional category; staff regulations and rules; terms of appointment; written rule;
Judgment 2296
96th Session, 2004
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"There can be no doubt of the right of an international organisation to set obligatory rules for the conduct of its staff governing various aspects of their relations with their employer, and that this right includes the right to set reasonable limitation periods during which claims against the employer must be asserted. However, such rules must be published or otherwise made known to all the members of staff concerned in a way which can leave absolutely no doubt as to the nature and reach of the rule, and no doubt that it has been brought to the attention of all those to whom it applies. Even if the [Organization] had succeeded in showing that the tax reimbursement instructions had been given to the staff individually, which it has signally failed to do, it would also have to have shown that all others in like case had been similarly advised. Rules limiting the right to exercise a fundamental condition of employment applicable to all international civil servants are only permissible if they, too, are applicable to all."
Keywords:
enforcement; equal treatment; evidence; judicial review; limits; official; organisation's duties; payment; provision; publication; purport; reasonable time; refund; right; tax; terms of appointment; time limit;
Judgment 2222
95th Session, 2003
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Referring to the Tribunal's case law, in particular Judgments 70 and 1543, the defendant submits that the Tribunal's competence, ratione materiae, does not extend to disputes regarding the Director-General's discretion to waive diplomatic immunity. It is worth noting that the complainant does not in fact [...] challenge the decision to waive his diplomatic immunity in itself. He rather challenges the circumstances in which that decision was taken, which in his view violated his contractual rights or those arising from the general principles of law which should be observed by international organisations. Since the case law referred to by the defendant does not apply, the Tribunal is of the view that only a consideration of the merits of the case may show whether the complainant's allegations are well founded."
Reference(s)
ILOAT Judgment(s): 70, 1543
Keywords:
breach; case law; competence of tribunal; complainant; condition; decision; discretion; executive head; general principle; iloat; judgment of the tribunal; judicial review; organisation; organisation's duties; privileges and immunities; rebuttal; receivability of the complaint; right; terms of appointment; waiver of immunity;
Judgment 2184
94th Session, 2003
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"It is the essence of secondment that the official concerned shall return to and resume his employment with the releasing organisation upon expiry of the agreed term. Since he was aware of such terms of employment, the complainant cannot be entitled to moral or compensatory damages."
Keywords:
allowance; fixed-term; general principle; moral injury; refusal; request by a party; secondment; staff member's duties; terms of appointment;
Judgment 2181
94th Session, 2003
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant seeks the validation of her service, for pension purposes, of the period between 13 September 1978 and 14 November 1979. What emerges from Article 23 of the UNJSPF Regulations is that "staff members whose terms of appointment expressly excluded participation in the UNJSPF during the period of service preceding their participation cannot subsequently request the validation of that period of service. that was the case with the complainant [...] she could [...] have made use, at the time [...] of the appeal mechanisms established by the [organisation], to obtain a modification of the terms of her contracts, or to challenge the legality of [the] rule [which provided that staff members engaged under short-term contracts could not participate in the unjspf]. However, since she failed to do so in due time, she is hardly in a position to seek the annulment of her appointments of 1978 and 1979 more than 20 years later. Besides, the nature of those appointments can no longer be challenged. The argument that the complainant did not use the available means of appeal for fear of harming her career cannot be accepted. Moreover, her request for validation of service, which was submitted on 22 December 1999, must be considered to be time-barred."
Keywords:
contract; contributory service; fund membership; internal appeal; late appeal; participation excluded; receivability of the complaint; short-term; terms of appointment; time bar; time limit; unjspf; validation of service;
Judgment 2120
93rd Session, 2002
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 10-11
Extract:
A paragraph of a notice issued by the Organisation's secretariat stipulates that the spouse of a staff member shall normally not be employed in the same department as the staff member. The Tribunal considers that "the provision improperly discriminates between candidates for appointment based on their marital status and family relationship [...]. Discrimination on such grounds is contrary to the Charter of the United Nations, general principles of law and those which govern the international civil service, as well as international instruments on human rights. [...] All forms of improper discrimination are prohibited. What is improper discrimination? It is, at least in the employment context, the drawing of distinctions between staff members or candidates for appointment on the basis of irrelevant personal characteristics. Manifestly, the fact that two staff members may be married to each other is not relevant to their competence or the capacity of either one of them to fulfil their obligations. and, if it is thought that marital or intimate personal relationships between staff members may create management problems, such problems must be dealt with in ways that do not discriminate against either of them as a result of such relationships. The Tribunal notes that [the notice] as it is written, besides being too broad, is not even effective in dealing with the presumed possibility of undue influence or favouritism for it is silent on non-marital intimate relationships. It also fails to deal with marriages taking place after appointment".
Keywords:
administrative instruction; assignment; breach; candidate; competition; definition; difference; equal treatment; family relationship; general principle; grounds; international civil service principles; international instrument; official; organisation; post; provision; publication; qualifications; staff member's duties; terms of appointment; un charter; universal declaration of human rights;
Judgment 2107
92nd Session, 2002
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"The complainant's claim that he should be considered as a fixed-term staff member cannot be sustained. The complainant was recruited as a short-term staff member, without having to go through a competition process; he accepted several contract renewals. It was within the discretionary authority of the Director-General to decide during the years that the complainant was with the organization whether to renew each short-term contract or offer him a fixed-term contract. There is no basis on which the complainant can claim to be treated retroactively as if he had a fixed-term contract. He was at all times a short-term staff member."
Keywords:
acceptance; appointment; claim; competition; complainant; contract; decision; discretion; executive head; fixed-term; non-retroactivity; official; participation; refusal; short-term; status of complainant; terms of appointment;
Judgment 2097
92nd Session, 2002
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"If the contracts are valid and enforceable and not in breach of any applicable staff rule or principle of international civil service law, the Tribunal has no power to reform them or to remake the bargain which the parties themselves have chosen to make."
Keywords:
acceptance; amendment to the rules; applicable law; competence of tribunal; contract; iloat; international civil service principles; official; provision; staff regulations and rules; terms of appointment;
Consideration 18
Extract:
Because of serious financial difficulties the organisation had to employ the complainants simultaneously under a fixed- term appointment at half-time and a short-term part-time appointment. After being restored to their full-time fixed-term status they complained about the rates of remuneration received by them under their short-term contracts. "The principle which guarantees equal remuneration for work of equal value [...] is designed to prevent discrimination by employers between employees and to ensure that persons performing different work of the same or similar value shall receive equal remuneration. The organization is right to submit that its most common application is to the classification or grading of jobs [...]. That principle was never intended to apply so as to give rise to a claim by an individual to be paid at the same rate for all work which he or she performs: differential rates for work performed under different conditions, such as overtime to take a common example, are not discriminatory. In the present case there is nothing improper in the who's paying lower rates to persons such as the complainants doing temporary work on a short-term basis."
Keywords:
amount; budgetary reasons; condition; contract; difference; enforcement; equal treatment; fixed-term; general principle; official; organisation; overtime; part-time employment; post classification; safeguard; salary; scale; short-term; status of complainant; terms of appointment;
Consideration 12
Extract:
The complainants worked simultaneously under a fixed-term appointment at half-time and a short-term part-time appointment. "While it is unusual to find an employee working simultaneously for a single employer under two different contracts of employment, there is nothing inherently illegal about such an arrangement."
Keywords:
contract; difference; exception; fixed-term; official; organisation; part-time employment; short-term; terms of appointment;
Considerations 10-11
Extract:
In respect of each short-term appointment taken up by them, [the complainants] entered into a written contract specifying the duration, remuneration, grade, step and other pertinent conditions applicable to them. They do not deny that they were paid exactly as stated in the contract documents. If the contracts are valid and enforceable and not in breach of any applicable staff rule or principle of international civil service law, the Tribunal has no power to reform them or to remake the bargain which the parties themselves have chosen to make.
Furthermore, the complainants, having taken the benefit of the short-term appointments offered to them, have a heavy burden to overcome if they are to argue successfully that the Tribunal should now treat the contracts as being null, for it is now impossible to replace the parties in the position they were in at the time the bargain was struck. They must show either that their short-term appointments violated some fundamental and overriding principle of law or that their apparent consent thereto was vitiated.
Keywords:
role of the tribunal; short-term; terms of appointment;
Judgment 2095
92nd Session, 2002
Surveillance Authority of the European Free Trade Association
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainants challenge a decision taken by the Committee of Representatives of the Member States concerning salary adjustments. The organisation submits that the complaints are irreceivable since it is not the author of that decision. "The complainants are paid by [the organisation] and so may challenge any individual decisions that affect their terms of employment, particularly salary, regardless of who has authority over such decisions."
Keywords:
adjustment; competence; complaint; decision; decision-maker; executive body; individual decision; official; receivability of the complaint; right of appeal; salary; terms of appointment;
Judgment 1912
88th Session, 2000
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
The Tribunal recalls "the recognised right of the staff of international organisations to receive - in the interest of international civil service itself - a level of remuneration equal to that in countries where, for comparable qualifications, the salaries are the highest."
Keywords:
general principle; noblemaire principle; official; salary; terms of appointment;
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 1791
86th Session, 1999
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 15-16
Extract:
"The complainants contend that [...] the impugned decision was in breach of [...] their right to a steady level of pay. [...] [T]hey 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. [...] [T]he 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 to the rules; breach; exception; international civil service principles; noblemaire principle; official; provisional decision; reduction of salary; right; salary; scale; terms of appointment;
Considerations 13-14
Extract:
"The complainants plead breach of their acquired rights [...]. [T]hey 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 to the rules; budgetary reasons; compensatory leave; contract; exception; proportionality; provisional decision; reduction of salary; salary; terms of appointment;
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