Judgment No. 1446

• Organization: World Health Organization (WHO)
• Date: 06.07.1995
• Original: French
• Judges: Douglas, Gentot, Pescatore
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Consideration 13

Extract:

"The precedents have it that a right is 'acquired' when someone who has it may, because of its fundamental importance to the balance of rights and duties that define the relationship of employment, demand that it be respected not withstanding any amendment to the rules: see Judgments 61, 368 [...], 832, 986 [...] and, under 6, 1330 [...]."

Reference(s)

ILOAT Judgment(s): 61, 368, 832, 986, 1330

Keywords

case law; acquired right; staff regulations and rules; amendment to the rules; terms of appointment; contract; condition

Consideration 13

Extract:

The case law says that "no benefit - not even a long-standing one - may be treated as an acquired right if it has no logical basis: see Judgment 1241 [...] under 24. "

Reference(s)

ILOAT Judgment(s): 1241

Keywords

case law; acquired right; condition

Consideration 13

Extract:

It is "worth recalling [...] that the increases at issue [...] offend against the norms of the 'common system', which are binding on any organisation that belongs: see Judgments 1239, [...] under 7 and 8, and 1265, [...] under 36."

Reference(s)

ILOAT Judgment(s): 1239, 1265

Keywords

applicable law; case law; rule of another organisation; coordinated organisations; binding character

Consideration 15

Extract:

The grant of an increase for merit is discretionary under Staff Rule 555.1. "By its very nature such a provision cannot confer an acquired right."

Reference(s)

Organization rules reference: WHO STAFF RULE 555.1

Keywords

acquired right; staff regulations and rules; increment; discretion; condition

Considerations 16-17

Extract:

The material issue is whether abolition of the entitlement to a step increase for long service infringed an acquired right by interfering with a fundamental term of service that led the complainants to accept employment. "The Tribunal holds that the prospect of increases in emoluments after 20, 25, 30 and 35 years of satisfactory service was too remote to influence seriously the mind of the ordinary applicant in deciding to accept appointment [within the organization]".

Keywords

complainant; acquired right; staff regulations and rules; amendment to the rules; terms of appointment; increment; seniority; satisfactory service; contract; acceptance