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Budgetary reasons (380,-666)

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Keywords: Budgetary reasons
Total judgments found: 49

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  • Judgment 4195


    128th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the decision to modify the conditions governing sickness insurance for employees’ spouses.

    Consideration 8

    Extract:

    In respect of the solidarity principle, and with an eye to the obligation to maintain sound financial management of the Organisation, the President proposed these new measures to balance the costs and benefits to all staff and their spouses.

    Keywords:

    budgetary reasons;

    Consideration 9

    Extract:

    [T]he Tribunal considers that the conditions under which health insurance for employees’ spouses is provided do not give rise to an acquired right. The Organisation is entitled to adjust the contribution rate if there are compelling reasons (including budgetary reasons), within reasonable limits. The Tribunal is satisfied in this case that the increased contribution rate resulting from the additional contribution for spouses is reasonable, justified and modest.

    Keywords:

    acquired right; budgetary reasons; medical insurance;



  • Judgment 4077


    127th Session, 2019
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The UPU applies for interpretation and review of Judgment 3928 alleging errors of fact, inter alia, and asserts that it is impossible to give effect to the Tribunal’s order to reinstate the complainant. The complainant applies for execution of Judgment 3928.

    Consideration 25

    Extract:

    [T]he [organization] could not refer to the complainant’s alleged misconduct as a reason not to reinstate him as no disciplinary proceeding has occurred in that regard, so misconduct has never been proven. It is all the more grave when considering that the alleged reason for the abolition of the posts was because of financial constraints. The abolition of a post can never be based on a staff member’s conduct, as that would constitute a hidden sanction. The [organization]’s presentation before the Council of Administration constituted a breach of the duty of care and of the adversarial principle, as the complainant was not given any opportunity to defend himself and his reputation from the allegations. The UPU must respect the dignity of its staff and preserve their reputation.

    Keywords:

    abolition of post; adversarial proceedings; budgetary reasons; due process; duty of care; hidden disciplinary measure; misconduct; reinstatement;



  • Judgment 4028


    126th Session, 2018
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge Service Order No.14/10 changing the health insurance scheme at the ITU, as well as individual decisions implementing that service order.

    Consideration 13

    Extract:

    [A]s the complainants point out, the burden of the new measures is borne by the insured persons alone. It must however be remembered that, despite a fall in its income resulting from a zero growth budget and the drop in contributions from some member States, the ITU continues to fund 50 per cent of the scheme for staff members and two thirds of it for retirees. As the defendant organisation explains, the new measures which have been put in place seek to maintain the financial equilibrium of the new insurance plan in order to ensure its continuity and stability while respecting the principles of solidarity and mutualisation of risks.
    In Judgment 1241, under 19, the Tribunal considered that “the change the complainants object[ed] to [was] part of wider reforms the [organisation] made to put the [health insurance] scheme on a sounder financial footing over the long term” and that the organisation in question was “right to pursue that aim by all suitable means at its disposal, [including by] measures to ensure that, in keeping with the notion of mutual aid, everyone bears a fair share of costs”.
    This consideration applies mutatis mutandis to the present complaints.

    Reference(s)

    ILOAT Judgment(s): 1241

    Keywords:

    budgetary reasons; insurance benefit;



  • Judgment 3929


    125th Session, 2018
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decisions to abolish her post and to terminate her appointment while she was on sick leave.

    Consideration 12

    Extract:

    According to the Tribunal’s case law: “[w]hether the post was abolished for financial reasons is a question of fact. Those facts were within the knowledge of [the organization] and it must show that when it advanced financial reasons as a ground for the abolition of the complainant’s post this was genuine. It has not done so. In the absence of that evidence, it is determined that the complainant’s post was unlawfully abolished and the claim on this ground is well founded” (see Judgment 3688, under 18). In the Tribunal’s view, the UPU has not presented sufficient evidence to support its assertion that the abolition of posts was for urgent financial reasons.

    Reference(s)

    ILOAT Judgment(s): 3688

    Keywords:

    abolition of post; budgetary reasons; burden of proof;



  • Judgment 3928


    125th Session, 2018
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decisions to abolish his post and to terminate his appointment while he was on sick leave.

    Consideration 13

    Extract:

    According to the Tribunal’s case law: “[w]hether the post was abolished for financial reasons is a question of fact. Those facts were within the knowledge of [the organization] and it must show that when it advanced financial reasons as a ground for the abolition of the complainant’s post this was genuine. It has not done so. In the absence of that evidence, it is determined that the complainant’s post was unlawfully abolished and the claim on this ground is well founded” (see Judgment 3688, under 18). In the Tribunal’s view, the UPU has not presented sufficient evidence to support its assertion that the abolition of posts was for urgent financial reasons.

    Reference(s)

    ILOAT Judgment(s): 3688

    Keywords:

    abolition of post; budgetary reasons; burden of proof;



  • Judgment 3921


    125th Session, 2018
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges modifications to the grading and salary structure.

    Consideration 11

    Extract:

    The case law concerning the Tribunal’s consideration of changes to salary structures and grading systems makes clear that the role of the Tribunal is limited and the discretionary power of the organisation to make such changes based on policy or budgetary considerations must ordinarily be respected (see, for example, Judgments 1118, considerations 19 to 20, and 3274, consideration 10).

    Reference(s)

    ILOAT Judgment(s): 1118, 3274

    Keywords:

    budgetary reasons; discretion; judicial review; salary;



  • Judgment 3920


    125th Session, 2018
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to terminate her fixed-term appointment pursuant to the abolition of her post.

    Consideration 13

    Extract:

    [W]hen a post is abolished for financial reasons it is incumbent on the organisation to demonstrate that this was genuine, given that the relevant facts are within the knowledge of the organisation (see Judgment 3688, consideration 18).

    Reference(s)

    ILOAT Judgment(s): 3688

    Keywords:

    abolition of post; budgetary reasons; burden of proof;



  • Judgment 3576


    121st Session, 2016
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the non-renewal of his fixed-term contract due to budgetary constraints.

    Judgment keywords

    Keywords:

    budgetary reasons; fixed-term; non-renewal of contract;



  • Judgment 3367


    118th Session, 2014
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal dismissed the complaint filed against the decision to not renew the complainant’s contract on the ground that his employment under short-term contracts was lawful.

    Consideration 11

    Extract:

    "The Tribunal’s role in reviewing decisions not to renew contracts for budgetary reasons is extremely limited (see, for example, Judgments 1044, under 3; 2362, under 7; and 3103, under 8)."

    Reference(s)

    ILOAT Judgment(s): 1044, 2362, 3103

    Keywords:

    budgetary reasons; non-renewal of contract;



  • Judgment 2907


    108th Session, 2010
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "According to the Tribunal's case law, international organisations may undertake restructuring by reducing or reassigning their staff, even for the sole purpose of making budgetary savings (see, for example, Judgment 2156, under 8). However, each and every individual decision adopted in the context of such restructuring must respect all the pertinent legal rules and in particular the fundamental rights of the staff concerned."

    Reference(s)

    ILOAT Judgment(s): 2156

    Keywords:

    budgetary reasons; case law; complaint allowed; complaint allowed in part; consequence; due process; implied decision; international civil servant; organisation; organisation's duties; reassignment; reorganisation; right; staff reduction; written rule;



  • Judgment 2682


    104th Session, 2008
    International Olive Oil Council
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "As the Tribunal has already indicated in [...] Judgment 832, when weighing up the consequences of a breach of an acquired right, the financial situation of the organisation applying the terms of appointment in question cannot be discounted."

    Reference(s)

    ILOAT Judgment(s): 832

    Keywords:

    acquired right; breach; budgetary reasons; complaint allowed; complaint allowed in part; condition; consequence; organisation's interest;



  • Judgment 2633


    103rd Session, 2007
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "Where a decision to introduce a new pension scheme is taken on grounds of financial necessity, such as the need to address the rising cost of pensions, the Tribunal cannot consider it to be invalid merely because it leads to a situation that is less favourable to employees."

    Keywords:

    amendment to the rules; budgetary reasons; decision; decision quashed; grounds; increase; injury; international civil servant; judicial review; pension; pension adjustment system;



  • Judgment 2535


    101st Session, 2006
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    "In the complainant's case, the post he was assigned to [...] was classified as P-5 as of 9 September 1999. [...] However, apparently because the budget did not provide funds for the post until January 2000, he was not in fact promoted until 1 March 2000. The lack of budgetary provision is not a reason which can be validly invoked by an international organisation to deny a staff member a promotion to which he or she would otherwise have a right and to deny him or her the salary which is commensurate with the duties of the post occupied."

    Keywords:

    budgetary reasons; complaint allowed; complaint allowed in part; date; delay; effect; grade; organisation's duties; post; promotion; refusal; right; salary;



  • Judgment 2420


    98th Session, 2005
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    "[T]he fact that financial considerations were taken into account does not, in itself, invalidate the decision setting the salary scale, provided that the other reasons justifying the decision are correct. In the present case, the evidence on file shows that the scale ultimately adopted was justified by the desire to reduce the imbalances resulting from the application of the previous decisions penalising staff in the higher categories, to restore the remuneration margins in relation to US federal civil servants to values within the range of 110 to 120 and to move closer to attaining the objective of an overall margin level of 115."

    Keywords:

    adjustment; budgetary reasons; decision; grounds; professional category; rate; salary; scale;



  • Judgment 2097


    92nd Session, 2002
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    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; international civil servant; organisation; overtime; part-time employment; post classification; safeguard; salary; same; scale; short-term; status of complainant; terms of appointment;



  • Judgment 2072


    91st Session, 2001
    United Nations Industrial Development Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant benefited from a voluntary separation programme that the organization had had to implement because of financial difficulties. He is challenging the refusal to consider his request for re-employment. "The organization cannot be taken to task for not considering him for [vacant] posts for which he had not applied, or for not offering him another [post] while it was still in financial straits."

    Keywords:

    agreed termination; budgetary reasons; competition; complaint allowed; complaint allowed in part; failure to answer claim; participation; post; refusal; reinstatement; request by a party; separation from service; vacancy; vacancy notice;



  • Judgment 1821


    86th Session, 1999
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "The principles governing the limits on the discretion of international organisations to set adjustments in staff pay [...] may be concisely stated as follows: (a) An international organisation is free to choose a methodology, system or standard of reference for determining salary adjustments for its staff provided that it meets all other principles of international civil service law [...]. (b) The chosen methodology must ensure that the results are 'stable, foreseeable and clearly understood' [...]. (c) Where the methodology refers to an external standard but grants discretion to the governing body to depart from that standard, the organisation has a duty to state proper reasons for such departure [...]. (d) While the necessity of saving money may be one valid factor to be considered in adjusting salaries provided the method adopted is objective, stable and foreseeable [...], the mere desire to save money at the staff's expense is not by itself a valid reason for departing from an established standard of reference [...]." (See cited case law.)

    Keywords:

    adjustment; budgetary reasons; case law; complaint allowed; condition; coordinated organisations; cost-of-living increase; criteria; discretion; duty to inform; duty to substantiate decision; exception; executive body; good faith; grounds; international civil service principles; limits; organisation's duties; patere legem; rule of another organisation; salary; scale;



  • Judgment 1800


    86th Session, 1999
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "The complainants' [...] plea is that the sole purpose of the change in the rules on the [post adjustment] index [decided by the ICSC] was to save money. The Tribunal need only quote the reply it gave to that argument in Judgment 1776: 'If the new method is lawful the fact that applying it saves member States money cannot in itself be a flaw.' And the evidence suggests no misuse of authority by the [ICSC], which, against the odds, tries to find from time to time objective criteria for reckoning post adjustment throughout the common system."

    Reference(s)

    ILOAT Judgment(s): 1776

    Keywords:

    amendment to the rules; budgetary reasons; case law; icsc decision; international civil servant; member state; misuse of authority; post adjustment; reckoning; right; salary; same;



  • Judgment 1791


    86th Session, 1999
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 13 and 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; salary; terms of appointment;

    Considerations 7 and 8

    Extract:

    "In support of their plea that the impugned decision rested on wrong reasons and wrong conclusions [the complainants] contend that [the Organization] was mistaken in its explanation: there was in fact no financial crisis warranting a compulsory pay cut. [...] The plea fails. The evidence [...] shows that [the Organization's] member States had not been spared the economic and financial plight of Europe at the time and so were much less able to fund the Organization. That was why [...] they had to think again about the budget [...] and demand a big cut. The Tribunal is satisfied on the evidence that [the Organization] did not give wrong reasons or draw any blatantly wrong conclusions."

    Keywords:

    budgetary reasons; duty to substantiate decision; evidence; grounds; mistaken conclusion; reduction; salary;



  • Judgment 1659


    83rd Session, 1997
    European Free Trade Association
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    Having lost three out of seven members and having a "working budget that was but a fraction of what it had been before, it was therefore only reasonable for [EFTA] to consider overhauling the Secretariat and go ahead with the abolition of units and then of posts. [...] It was the EFTA Council of seven member States that resolved to wind up the Secretariat, pay off the permanent employees and let fixed-term appointments run out. It saw that as the only proper course because of political uncertainty and lack of money to pay the staff after 30 June 1995. The seven States also wanted to safeguard the freedom of the four remaining members to set up a smaller Secretariat which matched the smaller membership. There was no mistake of law in the Council's reasoning."

    Keywords:

    abolition of post; budgetary reasons; discretion; judicial review; member state; non-renewal of contract; organisation; reorganisation; separation from service; termination;

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Last updated: 12.08.2019 ^ top