Judgment No. 1084
THE COMPLAINT IS DISMISSED.
"A right will be acquired when he who has it may expect it to be respected notwithstanding any amendment of written rules. One instance is where the right arises under a clause of the contract that the parties intend should be inviolate. Not all contractual rights are acquired rights: the parties must have expressly or by implication precluded the possibility of impairing them." Inasmuch as the change in the complainant's title made no difference to the level of his duties and responsibilities, to the nature of his work or his salary, the Tribunal found no breach of an acquired right. He therefore sustained no appreciable injury.
lack of injury; acquired right; amendment to the rules; title of post; contract; definition
"Refusal to entertain a claim [on the part of the Appeals Board] is not a procedural error but implied rejection of the claim."
internal appeals body; procedural flaw