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Judgment No. 4335

Decision

The complaint is dismissed.

Summary

The complainant challenges the amount of the allowance she received during her parental leave.

Judgment keywords

Keywords

parental leave; complaint dismissed

Consideration 8

Extract:

The Tribunalís case law states, in Judgment 2315, consideration 23, for example, that in general terms, a provision is retroactive if it effects some change in existing legal status, rights, liabilities or interests from a date prior to its proclamation, but not if it merely affects the procedures to be observed in the future with respect to such status, rights, liabilities or interests.

Reference(s)

ILOAT Judgment(s): 2315

Keywords

retroactivity

Consideration 9

Extract:

The Tribunalís case law states that most of the conditions of employment laid down in the provisions of the staff rules and regulations in force at the time when a staff member of an international organisation is recruited can be altered during their employment as a result of amendments to those provisions but that the position is different if, having regard to the nature and importance of the provision in question, the complainant has an acquired right to its continued application. However, the case law has established that the amendment of a provision governing an officialís situation to her or his detriment constitutes a breach of an acquired right only when such an amendment adversely affects the balance of contractual obligations, or alters fundamental terms of employment in consideration of which the official accepted an appointment, or which subsequently induced her or him to stay on. In order for there to be a breach of an acquired right, the amendment to the applicable text must therefore relate to a fundamental and essential term of employment within the meaning of Judgment 832 (see, for example, Judgment 3074, consideration 15).

Reference(s)

ILOAT Judgment(s): 832, 3074

Keywords

acquired right



 
Last updated: 01.04.2021 ^ top