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Terms of appointment

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Keywords: Terms of appointment
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  • Judgment 381


    42nd Session, 1979
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    the obligation put upon an employer to negotiate changes in salary may be a condition of the contract of employment, but it would have to be specifically expressed in the individual contract or very clearly implied. "merely because the term is contained in a collective agreement, it cannot be deemed ipso facto to be incorporated in the individual contracts of all those affected by the collective agreement."

    Keywords:

    amendment; collective bargaining; contract; organisation's duties; provision; salary; terms of appointment;



  • Judgment 380


    42nd Session, 1979
    General Agreement on Tariffs and Trade
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    the experts were not in agreement about the methodology or the salary-scale figures. "in these circumstances it would be natural for [the director] to contact his staff association in order to ascertain their views and, if necessary, negotiate with them to reach an agreed figure. this is something which a [director] might do even if contact was not prescribed by the staff regulations."

    Keywords:

    collective bargaining; no provision; organisation's duties; reckoning; salary; scale; staff union;

    Consideration 14

    Extract:

    to establish that there was a promise to negotiate, the complainants rely upon the facts and reasoning contained in an opinion given personally by the members of the tribunal. in this opinion the members, who were not confined within the limits of the tribunal's jurisdiction, reached the conclusion that the agreement recognised that there would be prior negotiation. "the tribunal sees no reason to differ from this conclusion." the complainants have thus justified the foundation of their statements concerning their promise to negotiate.

    Keywords:

    advisory opinion; collective bargaining; competence of tribunal; iloat; promise; staff union agreement; tribunal;

    Consideration 16

    Extract:

    vide judgment 381, consideration 6.

    Keywords:

    amendment; collective bargaining; contract; organisation's duties; provision; salary; terms of appointment;

    Consideration 13

    Extract:

    the complainants must "establish that they are entitled to enforce [the] agreements as a part of their contracts of employment over which alone the tribunal has jurisdiction."

    Keywords:

    burden of proof; competence of tribunal; complainant; contract; elements; enforcement; staff union agreement; terms of appointment;



  • Judgment 378


    42nd Session, 1979
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "nor may the complainant rely on any provisions which he alleges apply in other organisations."

    Keywords:

    abolition of post; applicable law; rule of another organisation;

    Summary

    Extract:

    according to the applicable provisions, the director-general is entitled to abolish posts, with due respect for given criteria. the director-general had to abolish posts and did not disregard the material criteria. the organisation was under no duty to take extraordinary temporary measures; the provisions in force in other organisations are not relevant. the dismissal was therefore valid.

    Keywords:

    abolition of post; discretion; organisation's duties; termination;

    Preamble; Second Paragraph

    Extract:

    the complaint died in an accident after filing suit. his family wished to pursue the proceedings and not withdraw suit.

    Keywords:

    case pending; complainant; consequence; death; successor;



  • Judgment 377


    42nd Session, 1979
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "...the tribunal will consider neither whether the grading criteria applied were sound, nor whether they were correctly chosen and applied nor, in particular, whether the degree of responsibility attached to the complainant's post was properly taken into account. the case would be different only if the tribunal discovered some clear mistake of assessment in the decision which the director-general came to."

    Keywords:

    criteria; judicial review; post classification;



  • Judgment 376


    42nd Session, 1979
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "... the tribunal will accept the unanimous opinion of the medical board, which consisted of three especially well-qualified physicians..." the organization was unable to find a post which, on the advice of the physicians, would have been suitable. the complainant's performance was not beyond criticism but the main reason for the impossibility of finding a suitable post for her "was that her duties were highly technical and so there were few posts suitable for her". her appointment was terminated correctly.

    Keywords:

    health reasons; medical board; medical opinion; termination; unsatisfactory service;



  • Judgment 375


    42nd Session, 1979
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "the question whether a staff member is incapacitated from work is ... a matter of judgment. the tribunal will not substitute its judgment for that of the director or of the expert advisers on whom he relies: it will intervene only if on the evidence the judgment appears to it to be wholly unreasonable or based on clearly mistaken conclusions."

    Keywords:

    discretion; incapacity; judicial review; medical fitness;



  • Judgment 374


    42nd Session, 1979
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "it is clear from the wording of [judgment 306] that the 'one year's salary' to be paid in lieu of reinstatement is equivalent in the present instance to the salary which the complainant was receiving at the date when his appointment ended, i.e. the net salary which he was paid after deduction of tax at the source but including incidental allowances, and in particular post adjustment." there is no reason to take account of any possible increment.

    Reference(s)

    ILOAT Judgment(s): 306

    Keywords:

    allowance; amount; application for interpretation; complaint allowed in part; damages; definition; increment; net salary; post adjustment; salary;



  • Judgment 373


    42nd Session, 1979
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    the complainant is challenging both the decision to abolish her post rather than another comparable one and the decision to appoint someone else to the remaining post. the board found no positive evidence of personal prejudice towards the complainant. nor does the tribunal. however the board did call attention to certain aspects of the matter which in the opinion of the tribunal require an explanation. no such explanation is contained in the dossier. "...in its absence the tribunal feels bound to infer that in the taking of the decision [to transfer her] there was some error of fact or of law or that essential facts were not taken into consideration or that a clearly mistaken conclusion was drawn from the facts. accordingly, the decision must be set aside.".

    Keywords:

    abolition of post; bias; flaw; presumption; reassignment;

    Consideration 7

    Extract:

    the complainant was transferred improperly. "positions which are graded at the same level may nevertheless differ considerably in status and prestige. the tribunal agrees ... that the complainant has lost the professional standing that the post of regional adviser gives. moreover, the transfer was handled in such a way as to give the impression that she was being edged out of her position for reasons unstated; this must have caused her personal distress."

    Keywords:

    complaint allowed; decision quashed; flaw; moral injury; professional injury; transfer;



  • Judgment 372


    42nd Session, 1979
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 5 and 6

    Extract:

    the privileges at issue derive from the headquarters agreement and have been expressly granted in the interests of the organisation. "hence, according to the terms of the agreement ... the privileges granted ... and now claimed by the complainant were not a personal right, and so could not have been of decisive importance to him when he accepted appointment. furthermore, he may not rely on an express guarantee in his contract; "new staff members should ... have realised that the benefits depended" on an agreement with a state which could be amended at any time. he may not rely on an acquired right.

    Keywords:

    acquired right; contract; headquarters agreement; international instrument; member state; organisation's interest; privileges and immunities; provision; terms of appointment;

    Consideration 4

    Extract:

    "a right is acquired when he who has it may require that it be respected notwithstanding any amendment to the rules. it may be either a right which is laid down in a provision of the staff regulations or staff rules and which is of decisive importance to a candidate for appointment, or a right which arises under an express or implied provision of an official's contract of appointment and which the parties intend should be inviolate."

    Keywords:

    acquired right; amendment; contract; definition; provision; staff regulations and rules; terms of appointment;

    Consideration 2

    Extract:

    the organisation maintains that the privileges and immunities enjoyed by the staff under headquarters agreements are not granted for their personal advantage. they are granted in the organisations' interests and so the organisations alone may demand that they continue. the relationship between an international organisation and a state falls outside the competence of the tribunal. "in fact the question is not one of competence. what has to be decided is whether or not the complainant is entitled to continue to enjoy certain privileges. that is a matter of substance and should be treated as such."

    Keywords:

    competence of tribunal; headquarters agreement; organisation's interest; privileges and immunities; purpose;



  • Judgment 371


    42nd Session, 1979
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    vide judgment 372, consideration 4.

    Keywords:

    acquired right; amendment; contract; definition; provision; staff regulations and rules; terms of appointment;

    Consideration 8

    Extract:

    expatriation, education and leave expense allowances are matters of importance to someone joining the staff of an international organisation. "the question therefore arises whether the outright abolition of such allowances would in principle violate an acquired right. there is, however, no acquired right to the amount and the conditions of payment of such allowances. indeed the staff member should expect amendments to be prompted by changes in circumstances if, for example, the cost of living rises or falls, or the organisation reforms its structure, or even finds itself in financial difficulty.

    Keywords:

    acquired right; allowance; amendment; amount; discontinuance; education expenses; home leave; non-resident allowance; payment; reckoning;

    Consideration 5

    Extract:

    neither the former staff regulations of the institute nor the complainant's terms of appointment give him an acquired right to any particular grade. the complainant has not been deprived of the right to payment of the agreed compensatory allowance. he performs the same duties that he performed formerly at the institute; he has no acquired right to application of the method of salary adjustment that was practised at the institute.

    Keywords:

    acquired right; adjustment; grade; reckoning; salary;

    Consideration 6

    Extract:

    the complainant contends that he is the victim of discriminatory treatment concerning his pension. but he receives a compensatory allowance to make good the reduction in salary. even if the officials of the former organisation fare less well in one respect than other officials of the second organisation, they fare better in another. "hence, insofar as it exists, the discriminatory treatment which the complainant alleges should be regarded as compensated."

    Keywords:

    compensatory allowance; compensatory measure; equal treatment; pension;

    Consideration 7

    Extract:

    "the provisions which lay down the conditions governing promotion do not confer any acquired rights on a staff member because, when he takes up his appointment, he cannot foresee how he will fare in his career. on the contrary, those provisions are subject to amendment and the staff member must expect such amendment."

    Keywords:

    acquired right; amendment; career; promotion; provision; staff regulations and rules; terms of appointment;

    Consideration 5

    Extract:

    according to the organisation, the staff regulations were not amended but replaced by other staff regulations. hence the tribunal may not decide to apply the former provisions which are no longer in force. "if a complainant is justified...what the tribunal will do is to treat those provisions as part of the contract of appointment and apply them as such, and award damages for any breach of them."

    Keywords:

    amendment; competence of tribunal; judicial review; merger; organisation; staff regulations and rules; terms of appointment;



  • Judgment 370


    42nd Session, 1979
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    the decision not to promote the complainant is a matter of discretion. in this case, the tribunal notes that the director-general did not abuse his discretionary authority. "moreover, the effects of the decision not to promote the complainant derive from the relevant rules. however detrimental the complainant may find them, they afford no reason for promoting him."

    Keywords:

    discretion; enforcement; judicial review; promotion; provision; staff regulations and rules;



  • Judgment 369


    42nd Session, 1979
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    vide judgment 372, consideration 4.

    Keywords:

    acquired right; amendment; contract; definition; provision; staff regulations and rules; terms of appointment;

    Consideration 6

    Extract:

    vide judgment 372, consideration 2.

    Keywords:

    competence of tribunal; headquarters agreement; organisation's interest; privileges and immunities; purpose;

    Consideration 11

    Extract:

    "an acquired right might be established in the present case only if, either expressly or by implication, for example in the light of conclusive evidence, the complaint's contract of appointment had guaranteed the benefits he is claiming. ... he cannot rely on any clause in his contract: there is no express guarantee."

    Keywords:

    acquired right; condition; contract; provision;

    Considerations 10 and 11

    Extract:

    vide judgment 372, considerations 5 and 6.

    Keywords:

    acquired right; contract; headquarters agreement; international instrument; member state; organisation's interest; privileges and immunities; provision; terms of appointment;



  • Judgment 368


    42nd Session, 1979
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    vide judgment 371, consideration 8.

    Keywords:

    acquired right; allowance; amendment; amount; discontinuance; education expenses; home leave; non-resident allowance; payment; reckoning;

    Consideration 7

    Extract:

    there is no acquired right to the amount and method of calculation of an indemnity; a staff member should expect amendments to be made. the reduction in the indemnity "does not infringe any right which was of decisive importance to [the complainants] in accepting appointment and which may be regarded as acquired. moreover, there is no clause in their contract which even tacitly guaranteed them any such right."

    Keywords:

    acquired right; allowance; amendment; amount; reckoning; reduction; terms of appointment;

    Consideration 6

    Extract:

    vide judgment 372, consideration 4.

    Keywords:

    acquired right; amendment; contract; definition; provision; staff regulations and rules; terms of appointment;



  • Judgment 367


    41st Session, 1978
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    "just as it is implicit in every contract of service that the staff member shall be loyal, shall treat his superiors with due respect and shall guard the reputation of the organization, so it is implicit that the administration in its treatment of staff members shall have a care for their dignity and reputation and shall not cause them unnecessarily personal distress."

    Keywords:

    general principle; organisation's duties; organisation's reputation; professional injury; respect for dignity; staff member's duties; supervisor;

    Summary

    Extract:

    after 20 years of "laudable service", the complainant, a "valuable member of [the organization's] staff" was transferred. the organization, in its treatment of the complainant, failed in its obligation to show due regard for his dignity and reputation; the director-general's apology did not remedy the situation.

    Keywords:

    complaint allowed; decision quashed; moral injury; organisation's duties; respect for dignity; satisfactory service; transfer;

    Consideration 11

    Extract:

    the complainant alleges prejudice and failure to take full account of the facts. "since the existence of either ground would justify the interference by the tribunal with a discretionary decision, it is convenient to consider the case as it is presented on these two grounds. ... failure to take full account of the facts is the wider ground..."

    Keywords:

    bias; discretion; disregard of essential fact; judicial review; transfer;

    Consideration 16

    Extract:

    some elements of the moral prejudice - the new assignment offered the complainant less congenial and responsible work - "would not attract compensation if the decision to assign him had been valid". other aspects, "for example, the humiliating way in which the transfer was effected ... would attract compensation whether or not the decision was valid."

    Keywords:

    assignment; damages; moral injury; transfer;

    Consideration 16

    Extract:

    "often distress and disappointment cannot be avoided but, where [they], can be, [they] should be. as in all organisations, the staff member must take the rough with the smooth and there are bound in management to be pieces of clumsiness or tactlessness which can be sufficiently smoothed over by apology or explanation."

    Keywords:

    moral injury; organisation's duties; working relations;



  • Judgment 366


    41st Session, 1978
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "...even if a staff member gets no salary increase on promotion his position is not necessarily just as before. not only may he be given work which will give him greater satisfaction but he will be better placed for further promotion which does bring a salary increase."

    Keywords:

    consequence; increase; promotion; salary;

    Consideration 6

    Extract:

    "a right is acquired when he who has it may require that it be respected notwithstanding any amendment to the rules. in particular, it may be either a right which arises under an official's contract of appointment and which both parties intend should be inviolate, or a right which is laid down in a provision of the staff regulations or staff rules and which is of decisive importance to a candidate for appointment."

    Keywords:

    acquired right; amendment; contract; definition; provision; staff regulations and rules; terms of appointment;

    Consideration 11

    Extract:

    "...expatriation, education and leave expense allowances are matters of importance to someone who joins the staff of an organisation. the question therefore arises whether the outright abolition of such allowances would not violate an acquired right. there is, however, no acquired right to the amount and the conditions of payment of such allowances. indeed the staff member should expect amendments to be prompted by changes in circumstances if, for example, the cost of living rises or falls, or the organisation reforms its structure, or even finds itself in financial difficulty."

    Keywords:

    acquired right; allowance; amendment; amount; discontinuance; education expenses; home leave; non-resident allowance; payment; refund;

    Consideration 10

    Extract:

    "someone who offers his services to an organisation may ... be expected to give decisive importance to the provisions on his pension rights. any curtailment should therefore be regarded as affecting an acquired right."

    Keywords:

    acquired right; pension; pension entitlements; reduction;

    Consideration 9

    Extract:

    "...the acquired right to promotion is merely the possibility of advancement because it is only on the strength of such a possibility that a staff member may have accepted appointment. the provisions which lay down the conditions governing promotion do not confer any acquired rights on a staff member because, when he takes up his appointment, he cannot foresee how he will fare in his career. on the contrary, those provisions are subject to amendment and the staff member must expect such amendment."

    Keywords:

    acquired right; amendment; career; promotion; provision; staff regulations and rules;



  • Judgment 365


    41st Session, 1978
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "as to the method of salary adjustment, the complainants do not have an acquired right to application of the methods practised..."

    Keywords:

    acquired right; adjustment; reckoning; salary;

    Consideration 9

    Extract:

    vide judgment 366, consideration 9.

    Keywords:

    consequence; increase; promotion; salary;

    Consideration 7

    Extract:

    vide judgment 366, consideration 6.

    Keywords:

    acquired right; amendment; contract; definition; provision; staff regulations and rules; terms of appointment;

    Consideration 11

    Extract:

    vide judgment 366, consideration 11.

    Keywords:

    acquired right; allowance; amendment; amount; discontinuance; education expenses; home leave; non-resident allowance; payment; refund;

    Consideration 10

    Extract:

    vide judgment 366, consideration 10.

    Keywords:

    acquired right; pension; pension entitlements; reduction;

    Consideration 9

    Extract:

    "it is true that when he takes up employment with an organisation an official may reasonably hope some day to advance in grade and that the rules on promotion create an acquired right in so far as they offer the prospect of advancement. but the substance of the acquired right to promotion is merely the possibility of advancement because it is only on the strength of such a possibility that a staff member may have accepted appointment."

    Keywords:

    acquired right; career; legitimate expectation; promotion; terms of appointment;

    Consideration 9

    Extract:

    vide judgment 366, consideration 9.

    Keywords:

    acquired right; amendment; career; promotion; provision; staff regulations and rules;



  • Judgment 364


    41st Session, 1978
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "it is of course open to argument whether there is any duty upon the organization to give correct information in matters relating to a staff member's rights in the fund, and if so, whether the information given is correct or not. ... but this is an issue ... on which the director-general has never [decided]. ...it was one which called for a new decision." insofar as it concerns this information, the complaint is receivable.

    Keywords:

    complaint allowed; decision quashed; duty to inform; participation; pension; right; unjspf;



  • Judgment 363


    41st Session, 1978
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "it is an attractive idea that [the material rule] should be invoked only to the extent necessary to relieve the financial hardship. but that would mean a reimbursement and not an allowance. the object of an allowance is to settle in advance the difficult questions that often arise on reimbursement ... and to let the staff member know from the first what he has to spend."

    Keywords:

    allowance; difference; purpose; refund;

    Consideration 5

    Extract:

    if, as "is very doubtful, the language of the letter ... is sufficient to attach to the payment the condition that the complainant would by accepting it abandon his right to appeal to the tribunal, this condition would be invalid and of no effect."

    Keywords:

    acceptance; condition; installation allowance; offer; payment; waiver of right of appeal;

    Consideration 8

    Extract:

    "'may' makes it clear that the official whose duty it is to give or with hold approval is to apply his own judgment to the questions. ... but the use of the word 'may' is quite inadequate to confer on the official a large and unbounded discretion so that, even where the conditions were manifestly fulfilled, he could for any other reason that appealed to him or for no reason given with hold the allowance." [at issue is a provision permitting the extension of installation-allowance payments].

    Keywords:

    complaint allowed; condition; decision quashed; discretion; extension; installation allowance; limits; period;

    Consideration 1

    Extract:

    "normally a staff member is expected to find his own living accommodation for himself and his dependants and to pay for it out of his salary and allowances. it is however recognised that upon a change of duty station a staff member may not at once succeed in finding accommodation at normal rates. accordingly the staff rules provide for the payment of an installation allowance."

    Keywords:

    amendment; duty station; installation allowance; purpose; transfer;



  • Judgment 362


    41st Session, 1978
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "under article ii of its statute the tribunal is open to any official ... who is in dispute with the organisation concerning the compensation provided for in cases of invalidity, injury or disease incurred by him in the course of his employment."

    Reference(s)

    ILOAT reference: ARTICLE II ILOAT STATUTE

    Keywords:

    accident; competence of tribunal; illness; iloat statute; invalidity; service-incurred;

    Considerations

    Extract:

    "the word 'injury' ... must be given the restricted meaning of physical injury. not only is this consistent with its context, but if it were not so restricted it would be far wider than 'accident' in the french text."

    Keywords:

    accident; iloat statute; interpretation;



  • Judgment 361


    41st Session, 1978
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 29

    Extract:

    "...if an unexplained decision is also apparently inexplicable, silence will provide a foundation for an inference that there must have been at work in the decision making some element, such as prejudice or a conclusion falsely drawn, which would require the tribunal to interfere with the discretion. the tribunal considers that an unexplained decision to remove the complainant after 12 days from an assignment that was clearly intended to last until the new appointment might well justify such an inference..."

    Keywords:

    appraisal of facts; assignment; bias; decision; duty to substantiate decision; flaw; grounds;

    Consideration 9

    Extract:

    vide judgment 367, consideration 16.

    Keywords:

    organisation's duties; organisation's reputation; professional injury; respect for dignity; staff member's duties; supervisor;

    Considerations 43 and 44

    Extract:

    the director-general's decisions are valid, but not the manner in which they were implemented. the administration could have made it clear that the complainant was a victim of the reorganisation and was not to blame. its silence made the situation even more distressing. "accordingly, the claim for compensation for moral damage is allowed. since money is to be the only form of redress, the amount must be sufficient to mark the gravity of the injury."

    Keywords:

    complaint allowed in part; damages; decision; grounds; injury; moral injury; professional injury; reorganisation; transfer;

    Consideration 39

    Extract:

    to be rehabilitated the complainant would have had to be given a post with responsibilities at least equal to those which he had at the time of the events. "this is not necessarily to question the validity of the director-general's decision... the director-general must exercise his power of appointment to pick the right man and would normally be precluded from using it as a way of making amends." but if he had been able to offer the complainant a distinct promotion, thus demonstrating his confidence in him, some of the prejudice complained of would have been removed.

    Keywords:

    assignment; discretion; professional injury;

    Consideration 9

    Extract:

    vide judgment 367, consideration 16.

    Keywords:

    moral injury; organisation's duties; working relations;

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Last updated: 28.04.2015 ^ top