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Terms of appointment

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  • Judgment 1021


    69th Session, 1990
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    vide judgment 1022, consideration 5.

    Reference(s)

    ILOAT Judgment(s): 1022

    Keywords:

    acquired right; contract; notice; termination; terms of appointment; time limit;

    Consideration 7

    Extract:

    vide judgment 1022, consideration 8.

    Reference(s)

    ILOAT Judgment(s): 1022

    Keywords:

    compensatory allowance; notice; purpose; separation from service;



  • Judgment 1020


    69th Session, 1990
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    according to article 53 of the staff regulations, those regulations may be amended or supplemented only "without prejudice to the rights the organization's officials have acquired" thereunder. that is an affirmation of the rule that an official "may plead an acquired right not only where it is contractual but even when staff regulations have been amended."

    Reference(s)

    Organization rules reference: ARTICLE 53 OF THE INTERPOL STAFF REGULATIONS

    Keywords:

    acquired right; amendment; contract; staff regulations and rules;

    Consideration 13

    Extract:

    "since the tribunal may not review the policy decision to move to lyon the only effect it can give to the doctrine of acquired rights as recognised by interpol is to determine whether the arrangements for carrying out the move were properly objective. since the transfer did disrupt the lives of its staff the organization had a duty to ensure that there was no undue or pointless detriment to their interests. the consequences of the change which the transfer brought in the conditions of their employment are to be gauged against cardinal principles such as equality of treatment, good faith and the rule against retroactivity".

    Keywords:

    acquired right; amendment; equal treatment; general principle; good faith; judicial review; non-retroactivity; organisation's duties; terms of appointment; transfer of headquarters;

    Consideration 13

    Extract:

    "interpol would have acted in breach of an official's acquired rights had it required him to choose between compulsory transfer and straightforward resignation, together with the consequences of resignation."

    Keywords:

    acquired right; resignation; transfer; transfer of headquarters;

    Consideration 13

    Extract:

    article 2 of section 2 of appendix vii of the staff rules is headed "officials of the organization who have an acquired right with regard to the location of their duty station". the tribunal holds that "the text is not to be taken literally. it cannot mean that the organization needs its staff's consent to decide on a matter like the transfer of its headquarters. a decision of that kind is inherently immune to review."

    Reference(s)

    Organization rules reference: ARTICLE 2 OF SECTION 2 OF APPENDIX VII INTERPOL STAFF RULES

    Keywords:

    acquired right; competence of tribunal; transfer of headquarters;

    Summary

    Extract:

    after initially accepting the organization's offer of transfer made in connection with its headquarters move, the complainants changed their minds. their appointments were then terminated. the organization calculated the period of notice as if they had turned the transfer offers down from the start. the complainants argue that the period of notice must run from the day they made their position known and that they are therefore entitled to compensation. the tribunal holds that such an interpretation runs counter to the applicable provisions since the organization's intention was to treat all staff members who refused the offer of transfer in the same way, whatever the date of their refusal.

    Keywords:

    compensatory allowance; compensatory measure; notice; refusal; start of time limit; termination; time limit; transfer; transfer of headquarters;

    Consideration 12

    Extract:

    the complainant initially accepted the transfer but later changed his mind. he must be deemed never to have consented to leaving his posts. "if there was anything retroactive about the period of notice, that was attributable, not to any decision of interpol's, but to his own shift of position."

    Keywords:

    acceptance; complainant; non-retroactivity; refusal; transfer;



  • Judgment 1019


    69th Session, 1990
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    vide judgment 1020, consideration 13.

    Reference(s)

    ILOAT Judgment(s): 1020

    Keywords:

    acquired right; amendment; equal treatment; general principle; good faith; judicial review; non-retroactivity; organisation's duties; terms of appointment; transfer of headquarters;

    Consideration 11

    Extract:

    vide judgment 1020, consideration 13.

    Reference(s)

    ILOAT Judgment(s): 1020

    Keywords:

    acquired right; resignation; transfer; transfer of headquarters;

    Consideration 11

    Extract:

    vide judgment 1020, consideration 13.

    Reference(s)

    Organization rules reference: ARTICLE 2 OF SECTION 2 OF APPENDIX VII OF THE THE INTERPOL STAFF RULES

    Keywords:

    acquired right; competence of tribunal; transfer of headquarters;

    Summary

    Extract:

    vide judgment 1020.

    Reference(s)

    ILOAT Judgment(s): 1020

    Keywords:

    compensatory allowance; compensatory measure; notice; refusal; start of time limit; termination; time limit; transfer; transfer of headquarters;

    Consideration 10

    Extract:

    the complainants initially accepted the transfer but later changed their minds. they must be deemed never to have consented to leaving their posts. "if there was anything retroactive about the period of notice, that was attributable, not to any decision of interpol's, but to their own shift of position."

    Keywords:

    acceptance; complainant; non-retroactivity; refusal; transfer;

    Consideration 11

    Extract:

    vide judgment 1020, consideration 13.

    Reference(s)

    Organization rules reference: ARTICLE 53 OF THE INTERPOL STAFF REGULATIONS
    ILOAT Judgment(s): 1020

    Keywords:

    acquired right; amendment; contract; staff regulations and rules;



  • Judgment 1018


    69th Session, 1990
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "it is the duty of the head of any international organisation to take whatever measures can reduce tensions among his staff, bring about good working relations and improve efficiency. that is one of the factors he may take into account when considering transfers, and the tribunal will be slow to interfere with such exercise of his discretion especially if, as is the case here, the transfer causes no injury to the employee transferred."

    Keywords:

    discretion; judicial review; lack of injury; organisation's interest; transfer; working relations;

    Consideration 5

    Extract:

    the complainant is challenging a decision to transfer him. "the tribunal is [...] satisfied on the evidence that there was no abuse of the secretary-general's authority. so far from being arbitrary the transfer was ordered on objective grounds and in the interests of more efficient management".

    Keywords:

    grounds; judicial review; reorganisation; transfer;

    Consideration 6

    Extract:

    the complainant objects to being transferred and argues that his new work is only temporary and that his position is precarious. "the argument is unfounded. the complainant's transfer did not reduce his salary or change the nature of his employment. his new duties were classified at p.2. he was transferred not to a temporary post but with his own permanent post. when his new duties have been fully accomplished, he will still retain his permanent appointment and all the rights that go with it."

    Keywords:

    assignment; permanent; post; short-term; transfer;



  • Judgment 1017


    69th Session, 1990
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    paragraph 3(v) of an ifad administrative instruction on probation under fixed-term appointments reads: "where it is deemed by the head of department that the staff member's performance is less than satisfactory, he/she will be immediately informed by the head of department that a decision from the president will be sought to terminate his/her services by letting the period of probation lapse." the president's decision to terminate the complainant's appointment at the end of the extended period of probation was flawed by non-compliance with this requirement. because the decision was in breach of the procedural rule, the tribunal will set it aside and award the complainant substantial compensation for the improper termination of her contract and for moral damages.

    Keywords:

    complaint allowed; damages; decision quashed; duty to inform; flaw; moral injury; probation; procedural flaw; termination; unsatisfactory service;



  • Judgment 1016


    69th Session, 1990
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "under the guidelines [the president] has issued the promotion boards are free to apply other criteria such as age for the purpose of assessing fitness for promotion."

    Keywords:

    criteria; promotion; promotion board;

    Consideration 3

    Extract:

    in the matter of promotion two principles emerge from the case law: "one is that [the tribunal] will neither substitute its own assessment of an official's performance for the president's nor review the merits of candidates for promotion. the other is that since the grant of promotion is and must remain at the president's discretion, the mere fact that an official may qualify for it under the rules does not confer on him any enforceable right to it."

    Keywords:

    condition; discretion; judicial review; promotion; work appraisal;



  • Judgment 1012


    68th Session, 1990
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    the decision to reduce pay at eurocontrol was confirmed on 12 november 1987. "though the pay slips [giving effect to the reduction] are plainly unlawful because the commission's decision still had to come into effect, they apply only to the period they cover and cannot be treated as giving effect to a decision that had not yet become final. not a single complainant has challenged an individual decision subsequent to 12 november 1987. the tribunal is therefore bound, regrettably, to declare the claims irreceivable insofar as they object to future reductions in pay."

    Keywords:

    application for quashing; effective date; enforcement; general decision; individual decision; pay slip; receivability; reduction; salary;

    Consideration 5

    Extract:

    "in line with the principles the tribunal affirmed in judgments 624 and 902 the complainants may challenge the director general's decisions to apply the general measures to them and may thereby also challenge the lawfulness of the commission's decisions. [...] the defendant's objections to receivability fail insofar as they relate to the pay slips the complainants received in july, august and september 1987" and which informed them of reductions made to their salary.

    Reference(s)

    ILOAT Judgment(s): 624, 902

    Keywords:

    competence of tribunal; general decision; individual decision; pay slip; receivability;

    Summary

    Extract:

    on 7 july 1987 eurocontrol's permanent commission decided provisionally to reduce pay by 0.7 per cent with effect from 1 july 1986. the commission's decision was not confirmed until 12 november 1987. the complainants are challenging the pay slips they got for july, august and september 1987 which indicated a reduction in pay backdated to 1 july 1986. the tribunal holds that the pay slips, which were issued before the commission's decision entered into force, have no basis in law and must be set aside insofar as they cause the complainants injury.

    Keywords:

    complaint allowed in part; decision; decision quashed; effective date; legislative body; non-retroactivity; reduction; salary;



  • Judgment 1011


    68th Session, 1990
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "article vii of the tribunal's statute says that a complaint shall not be receivable unless the decision impugned is a final one and such remedies as are available under the applicable staff regulations have been exhausted. to satisfy that requirement, which is mandatory, the staff member must duly lodge an internal appeal with the competent body within the time limit in the staff regulations."

    Reference(s)

    ILOAT reference: ARTICLE VII OF THE ILOAT STATUTE

    Keywords:

    formal requirements; iloat statute; internal appeal; internal appeals body; internal remedies exhausted; receivability; staff member's duties; staff regulations and rules; time limit;

    Summary

    Extract:

    to take account of shifts in currency rates when reckoning the pay of officials who changed categories on promotion, the itu began to follow united nations practice by adopting in 1988 the so-called "anniversary calculation" system. the complainant, who was promoted in 1985 from grade g.7 to p.2, is seeking to have her pay so reviewed. on 28 january 1986 she wrote to the chief of personnel objecting to the loss of salary she suffered as a result of promotion. on 26 may 1988 she appealed to the appeal board. the tribunal holds that the memorandum of 28 january 1986 cannot be construed either in form or in substance as a request for review under 11.1.2 but was merely a written claim under rule 3.17.1. her appeal of 26 may 1988 was patently out of time and the complaint is therefore irreceivable.

    Reference(s)

    Organization rules reference: RULES 3.17.1 AND 11.1.1.2 OF THE ITU STAFF REGULATIONS AND STAFF RULES

    Keywords:

    consequence; formal requirements; general service category; internal appeal; professional category; promotion; receivability; reduction; salary; time bar;



  • Judgment 1006


    68th Session, 1990
    World Tourism Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    in 1988 the secretary-general decided to reverse a decision which the then secretary-general took in 1979 to grant the complainant non-local status. the reason for the reversal was that the original decision had not been warranted. the tribunal holds that "even if that decision was based on facts that were wrong and even if there was misinterpretation of regulation 16 [now staff rule 14.6 on how to determine an official's home], it was in any event too late by 1988 to reverse a decision that the organization had already abided by for almost nine years." the impugned decision is quashed.

    Reference(s)

    Organization rules reference: RULE 14.6 OF THE WTO STAFF REGULATIONS

    Keywords:

    complaint allowed; decision quashed; flaw; local status; non-local status; time limit; withdrawal of decision;



  • Judgment 1004


    68th Session, 1990
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    the complainant's candidature in an internal competition was rejected on the grounds that he had not served the ilo for an unbroken period of two years. he submits that the staff regulations nowhere lay down such a condition. the plea fails. the two-year requirement was clear from the competition announcement; it also appears to have been a standard and long-standing condition for entering internal ilo competitions.

    Keywords:

    appointment; competition; condition; internal competition; no provision; practice; vacancy notice;

    Consideration 19

    Extract:

    the complainant's candidature in an internal composition having been eliminated, he challenged the composition of the selection board. he had doubts that its vice-chairman, who had retired and later gone back to the organisation, might not have been reappointed to the board as required under the material rules. the tribunal observes that the guidelines issued to implement the provisions of circular 380 (series 6) of 3 march 1987 expressly stipulate that officials who have been reappointed will be considered to have had no break in service for the purposes of service on the selection board. the argument fails.

    Reference(s)

    Organization rules reference: CIRCULAR 380 (SERIES 6) OF 3 MARCH 1987

    Keywords:

    challenge of member; composition; condition; selection board;

    Summary

    Extract:

    in accordance with circular no. 380 (series 6) of 3 march 1987, the complainant, who had taken early retirement, was reappointed under a short-term contract. the decision he impugns is one denying him the right to enter internal competitions on the grounds that he had not yet acquired two years' continuous service since his reappointment. the tribunal holds that the decision was in keeping with article 4.11 of the staff regulations which says that "a former official, on reappointment, shall be regarded for the purpose of these regulations, as becoming an official for the first time". the complaint is dismissed.

    Reference(s)

    Organization rules reference: ARTICLE 4.11 OF THE ILO STAFF REGULATIONS; CIRCULAR 380 (SERIES 6) OF 3 MARCH 1987

    Keywords:

    appointment; candidate; competition; condition; consequence; early retirement; internal competition; refusal; reinstatement; retirement;



  • Judgment 1003


    68th Session, 1990
    African Training and Research Centre in Administration for Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    before the complaint was filed the organisation went back on its decision to dismiss him and replaced it by a reprimand. since the decision "has been withdrawn and has had no effect on his career there is no cause of action and his complaint is irreceivable."

    Reference(s)

    ILOAT Judgment(s): 792

    Keywords:

    cause of action; lack of injury; no cause of action; receivability; settlement out of court; termination;



  • Judgment 1001


    68th Session, 1990
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "when impugning an individual decision that touches him directly the employee of an international organisation may challenge the lawfulness of any general or prior decision, even by someone outside the organisation, that affords the basis for the individual one (cf. judgments 382 [...], 622 [...] and 825 [...]). the present complainants may accordingly challenge the lawfulness of the general methodology and of the 1987 survey of vienna, which, taken together, constitute the basis in law of the decisions under challenge."

    Reference(s)

    ILOAT Judgment(s): 382, 622, 825

    Keywords:

    competence of tribunal; decision-maker; general decision; inquiry; receivability; reduction; salary;

    Summary

    Extract:

    the complainants, who are employed by unido in the general service category, seek the quashing of decisions setting their pay according to the new salary scales brought in as from 1 october 1987. they are objecting to the flat 2.4 per cent salary cut included in scales drawn up on the basis of an international civil service commission recommendation to account for the so-called "commissary benefit". unido staff regulation 6.5(a) says that the pay of staff in the general service category shall be based on "the best prevailing conditions of employment in the locality" (fleming principle). the tribunal holds that for the purpose of establishing parity with local pay the only relevant items are the ones defined in the staff regulations and financial rules of the organisation and paid out of its own funds. it follows that such a benefit as access to the commissary, which is provided for neither in the staff regulations nor in the financial rules and is a form of tax relief bestowed by the host country at no cost to the organisation, may not count in a comparison of this nature. the organization's decision to reduce salaries is unlawful and cannot stand. the cases are sent back to unido for the recalculation of their pay.

    Reference(s)

    Organization rules reference: UNIDO STAFF REGULATION 6.5(A)

    Keywords:

    case sent back to organisation; complaint allowed; decision quashed; elements; enforcement; flaw; fleming principle; fringe benefits; general service category; headquarters agreement; icsc decision; privileges and immunities; reckoning; reduction; salary; scale; staff regulations and rules;



  • Judgment 1000


    68th Session, 1990
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the complainants, who are employed by the iaea in the general service category, seek the quashing of decisions setting their pay according to the new salary scales brought in as from 1 october 1987. they are objecting to the flat 2.4 per cent salary cut included in scales drawn up on the basis of an international civil service commission recommendation to account for the so-called "commissary benefit". annex ii.b.1 of the agency's provisional staff regulations says that the pay of staff in the general service category shall be based on "the best prevailing conditions of employment in the locality" (fleming principle). the tribunal holds that for the purpose of establishing parity with local pay the only relevant items are the ones defined in the staff regulations and financial rules of the organisation and paid out of its own funds. it follows that such a benefit as access to the commissary, which is provided for neither in the staff regulations nor in the financial rules and is a form of tax relief bestowed by the host country at no cost to the organisation, may not count in a comparison of this nature. the agency's decision to reduce salaries is unlawful and cannot stand. the cases are sent back to the agency for the recalculation of their pay.

    Reference(s)

    Organization rules reference: ANNEX II.B.1 OF THE IAEA PROVISIONAL STAFF REGULATIONS

    Keywords:

    case sent back to organisation; complaint allowed; decision quashed; elements; enforcement; flaw; fleming principle; fringe benefits; general service category; headquarters agreement; icsc decision; privileges and immunities; reckoning; reduction; salary; scale; staff regulations and rules;

    Consideration 12

    Extract:

    see judgment no. 1001, consideration 12.

    Reference(s)

    ILOAT Judgment(s): 382, 622, 825, 1001

    Keywords:

    competence of tribunal; decision-maker; general decision; inquiry; receivability; reduction; salary;



  • Judgment 999


    68th Session, 1990
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 4 and 5

    Extract:

    the complainant was accused of grave misconduct. an inquiry was held into the facts in the absence of the complainant. the tribunal held that "whoever makes inquiries of the kind that were made in this case must be scrupulous in not taking evidence from one party without the other's knowledge. whether or not the evidence did work to the complainant's prejudice is irrelevant. it is sufficient that it might have done so, and it is not the likelihood but the risk of prejudice that is fatal. there can be no certainty that justice will be done if evidence is taken in the absence of one of the parties. the proceedings in the appeal the complainant lodged against the decision [...] to dismiss him show a breach of due process".

    (note: see judgment 2601, under 7)

    Reference(s)

    ILOAT Judgment(s): 2601

    Keywords:

    flaw; inquiry; organisation's duties; right to reply; serious misconduct; termination;

    Consideration 5

    Extract:

    "breach of the staff regulations and of general principles, including breach of due process, is a flaw in the appeal proceedings which also taints the impugned decision, and for that reason the [final] decision [to confirm the complainant's dismissal for grave misconduct] cannot stand. what does stand, however, since it is only the appeal proceedings that were improper, is the prior decision [of dismissal]." "the complainant duly filed his internal appeal with the regional board, and the organization shall resume the internal appeal proceedings. the competent authorities shall reconsider the internal appeal in the light of the submissions already made by the who and by the complainant and any further submissions the parties may make in adversarial proceedings".

    Keywords:

    case sent back to organisation; decision quashed; flaw; internal appeal; procedural flaw; right to reply; serious misconduct; termination;



  • Judgment 997


    68th Session, 1990
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "by virtue of judgment 996 the complainant is entitled to reinstatement with full arrears of salary and allowances. the benefits he would have been entitled to but for dismissal included home leave for himself and his family [...] should [his family] choose to travel at another time the cost of their home leave will be due to him by virtue of judgment 996."

    Reference(s)

    ILOAT Judgment(s): 996

    Keywords:

    allowance; consequence; decision quashed; home leave; refund; reinstatement; right; salary; termination;



  • Judgment 996


    68th Session, 1990
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "the requirement in [article r ii 1.24 of] the [eso] staff regulations that the staff member consent to transfer is in marked contrast to other international organisations, in which transfer is common and the executive head has discretion to transfer staff from one duty station to another whether they consent or not. the complainant is correct in his submission that there is no provision in the eso's rules for dismissal on the grounds of refusal of transfer."

    Reference(s)

    Organization rules reference: ARTICLE R II 1.24 OF THE ESO STAFF REGULATIONS

    Keywords:

    complaint allowed; decision quashed; duty station; enforcement; organisation's duties; refusal; reinstatement; staff regulations and rules; termination; transfer;



  • Judgment 994


    68th Session, 1990
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    three successive decisions to promote the complainant were taken: a promotion by direct selection from grade g.6 to p.3 as from 1 july 1986; a personal promotion from g.6 to g.7 as from 1 january 1985 and the outcome of a procedure which led to his post being regraded from g.6 to p.3 effective on 1 february 1984. the complainant challenges the administration's decision to treat the regrading decision as void. the regrading decision was accepted by the complainant and showed no flaw. as it became final on the expiry of the time limit for challenge, the administration may not go back on it.

    Keywords:

    complaint allowed; condition; decision quashed; different decisions; flaw; personal promotion; post classification; professional category; promotion; time limit; withdrawal of decision;

    Summary

    Extract:

    the complainant was granted three concurrent promotions: the first by direct selection from grade g.6 to p.3 with effect from 1 july 1986; the second by personal promotion from g.6 to g.7 with effect from 1 january 1986; and the third as a result of the regrading of his post from g.6 to p.3 with effect from 1 february 1984. the administration said he could choose between two options: either his promotion to p.3 as from 1 february 1984 would be deemed to have cancelled the earlier ones and, in keeping with article 3.4.4 of the staff regulations, his pensionable remuneration would stay at the level it had reached at that date; or else he might keep the personal promotion and his pensionable remuneration would be at the level it had reached at 1 july 1986. the complainant having refused to choose between the two options, the administration applied the second one. insofar as that decision conflicts with the decision to regrade his post p.3 as from 1 february 1984 it cannot stand.

    Reference(s)

    Organization rules reference: ARTICLE 3.4.4 OF THE ILO STAFF REGULATIONS

    Keywords:

    consequence; decision quashed; general service category; pension; pensionable remuneration; post classification; professional category; promotion; withdrawal of decision;



  • Judgment 992


    68th Session, 1990
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the complainant's application for permission to take a cure prescribed by his doctor was rejected. the agency's medical officer reported to the health fund that the doctor had given no clear evidence of the need for the prescribed treatment. in keeping with article 20 of rule no. 10 concerning sickness and accident insurance, expenses relating to a cure shall be refunded provided that the cure "is recognised as strictly necessary by the medical officer". the tribunal sees nothing improper in the medical officer's assessment nor in the administration's ensuing denial of permission.

    Keywords:

    cure; insurance benefit; medical consultant; medical opinion; refund; refusal;



  • Judgment 991


    68th Session, 1990
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    to mark its tenth anniversary celebration the european patent organisation granted a bonus to each of "all active permanent employees in post on 1 october 1987". as the complainant was then on unpaid leave "on personal grounds" he did not qualify for the benefit. the tribunal holds that while the organisation is free to award special bonuses and free to decide who will receive them, it must apply objective criteria when doing so and avoid all arbitrary distinctions.in the instant case the restriction was based on objective criteria founded on provisions in the staff regulations.

    Keywords:

    compassionate leave; consequence; judicial review; leave; organisation's duties; payment; salary; special leave;

    Consideration 11

    Extract:

    "the complainant must have known when he applied for leave that he would have 'non-active status' and that that would affect his entitlement to pay and to the other benefits of employment."

    Keywords:

    career; compassionate leave; consequence; leave; promotion; salary; special leave;



  • Judgment 990


    68th Session, 1990
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    the general assembly of the united nations brought in a new scale of pensionable remuneration as from 1 january 1985. the scale, provided for in article 3.1.1 of the staff regulations, did not come into force until 1 april 1985. the complainant's pension, however, was reckoned according to the new scale between 1 january and 31 march 1985. the tribunal holds that "the ilo is undoubtedly bound [...] by the provisions of the staff regulations so long as they remain in force and is therefore liable towards the complainant for the breach of them. that its difficulty is due to the stand taken by the fund cannot alter its liability as employer towards its staff."

    Reference(s)

    Organization rules reference: ARTICLE 3.1.1 OF THE ILO STAFF REGULATIONS

    Keywords:

    amendment; complaint allowed; decision quashed; difference; effective date; fund regulations; liability; organisation; payment; pension; pensionable remuneration; provision; reduction; scale; staff regulations and rules; unjspf;

    Consideration 8

    Extract:

    the tribunal "may not order any increase in [the complainant's] pension in redress for the breach of the regulations since the body that determines the pension is outside its jurisdiction."

    Keywords:

    amount; competence; competence of tribunal; flaw; pension; reckoning; unjspf;

    Consideration 6

    Extract:

    "having put the scale of pensionable remuneration into its own staff regulations, the ilo has a duty to ensure the payment of the corresponding benefits. the sole purpose of pensionable remuneration is the reckoning of the pension, and if the pension discounts the scale in the staff regulations because the organisation has entrusted the matter to another body, the ilo must make good the loss to its staff, who are entitled to have the regulations applied. any difference of opinion there may be between the ilo and the fund is of no concern to the staff."

    Keywords:

    compensation; enforcement; injury; organisation's duties; pension; pensionable remuneration; staff regulations and rules; unjspf;

    Summary

    Extract:

    the general assembly of the united nations brought in a new, lower scale of pensionable remuneration as from 1 january 1985. that scale, provided for in article 3.1.1 of the ilo staff regulations, did not come into force for officials serving in the organisation until 1 april 1985. the complainant's pension was nonetheless reckoned according to the new scale between 1 january and 31 march 1985. she challenges the director-general's implied rejection of her internal complaint seeking to have her pension reckoned according to the old scale up to 31 march 1985 or, failing that, compensation. the organisation submits that the measure had come to her attention through various channels and that the complaint was out of time. the tribunal holds that the staff regulations contained an explicit provision which set out the staff's rights. the staff were not told of any valid ilo decision not to abide by the staff regulations. the organisation's contention that the complaint is irreceivable is mistaken.

    Reference(s)

    Organization rules reference: ARTICLE 3.1.1 OF THE ILO STAFF REGULATIONS

    Keywords:

    amendment; complaint; difference; effective date; fund regulations; pension; pensionable remuneration; provision; receivability; reduction; scale; staff regulations and rules;

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Last updated: 20.10.2014 ^ top