ILO is a specialized agency of the United Nations
ILO-en-strap
Site Map | Contact français
> Home > Triblex: case-law database > By thesaurus keyword

Acquired right (182,-666)

You searched for:
Keywords: Acquired right
Total judgments found: 119

< previous | 1, 2, 3, 4, 5, 6 | next >



  • Judgment 751


    59th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "An international official has an acquired right to the continuance of such terms of employment as determined him to accept employment with the organisation. The terms of his employment may be altered as the interests of efficiency may require, but only provided that those which originally led him to conclude the contract are not disrupted."

    Keywords:

    acquired right; definition; terms of appointment;

    Consideration 5

    Extract:

    "Not only may the new method of adjusting salary bring about no reduction in salary but the wage 'restraint' may not be more than 1 per cent a year for B staff and o,5 for C staff. The purpose being merely to check increases in pay without lowering basic salary, there was no alteration of the terms of employment such as to infringe any acquired right."

    Keywords:

    acquired right; adjustment; amendment to the rules; base salary; reduction of salary; salary; terms of appointment;



  • Judgment 726


    58th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainants are impugning the decision by the Administrative Council of the EPO to impose a temporary levy of 1.5 per cent on staff members' salaries. The Tribunal holds that the Council's decision falls within the scope of its powers. Inasmuch as the levy is temporary and very small and there is a guarantee of nominal basic salary, the Tribunal concludes that there was no breach of the complainants' acquired rights.

    Keywords:

    acquired right; competence; decision; decision-maker; deduction; executive body; general decision; judicial review; reduction of salary; salary; tax;

    Consideration 19

    Extract:

    "It is because of the terms on which the levy is at present being imposed that the Tribunal deems it not to disrupt the structure of the contract and amount to breach of an acquired right. But should any feature of the levy - particularly its duration - be so altered as to make the arrangements substantially different, that would be a new fact and the Tribunal would wish to reconsider if the matter came before it again."

    Keywords:

    acquired right; judgment of the tribunal; new fact on which the party was unable to rely in the original proceedings; reduction of salary; salary;

    Consideration 15

    Extract:

    An acquired right, first, "may be 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 with the organisation. [...] Secondly, a right may be acquired under a provision of the contract of appointment which the parties intend should be inviolate."

    Keywords:

    acquired right; contract; definition; staff regulations and rules;



  • Judgment 674


    56th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant makes unsound objections to the application of guidelines presently in force. An official has no right to demand that rules in force at the time of joining the organisation not be amended. The Tribunal sees no evidence of breach of the principle of equal treatment, as claimed by the complaint. The reason why officials recruited at A.3 and those recruited at A.2 and promoted to A.3 do not fall under the same rule is that their factual positions are not the same.

    Keywords:

    acquired right; amendment to the rules; equal treatment; promotion; provision; staff regulations and rules; terms of appointment;



  • Judgment 666


    56th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "As the Tribunal has consistently held, an allowance may form an essential part of the official's contract in that he considered it to be of decisive importance when he accepted employment, and its abolition would therefore constitute breach of an acquired right; but he has no acquired right to the actual amount of the allowance or to continuance of any particular method of reckoning it. Indeed he must expect these to change as circumstances change."

    Keywords:

    acquired right; allowance; amendment to the rules; amount; case law; discontinuance; education expenses; reckoning;



  • Judgment 618


    53rd Session, 1984
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "As a rule the competent authority may alter or reverse any administrative decision unless it is expressly forbidden to do so and provided that acquired rights are safeguarded." [The complainant challenged the appointment of an official which took place after review of the decision to withdraw the offer of appointment.]

    Keywords:

    acquired right; amendment to the rules; decision; limits; withdrawal of decision;



  • Judgment 596


    52nd Session, 1984
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The rules on reckoning seniority are not among those intended to be inviolate. They do not have any far-reaching effect on the complainant's advancement. [...] Provisions on the conditions of promotion do not create acquired rights for an official, they are subject to amendment, and the staff member may expect them to be amended."

    Keywords:

    acquired right; amendment to the rules; promotion; provision; seniority; staff regulations and rules;



  • Judgment 587


    51st Session, 1983
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The general rule is that an administration which has taken a decision may later revoke it provided that it has vested no right. In this instance the organization was therefore quite free to revoke the decision cancelling the complainant's right to benefit as a Fund participant."

    Keywords:

    acquired right; limits; withdrawal of decision;



  • Judgment 551


    50th Session, 1983
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "Promotion is a matter within the discretion of the President and Administrative Council and the staff member has no right or expectation that the rules or policy applicable at the date of his contract will remain unchanged."

    Keywords:

    acquired right; amendment to the rules; discretion; promotion; provision; staff regulations and rules;



  • Judgment 514


    49th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "It is unnecessary here to consider to what extent [an administration] directive can confer on the staff member a contractual right capable of being enforced by the Tribunal. Assuming that it can, and that in this case it does, the reasoning in paragraph 7 of Judgment No. 426 would apply to prevent it from being an acquired right." Judgment 426 states that an official is given an acquired right to fundamental benefits only. Reimbursement of tax on lump-sum payments from the pension fund may not be construed as a fundamental benefit.

    Reference(s)

    ILOAT Judgment(s): 426

    Keywords:

    acquired right; administrative instruction; contract; lump-sum; pension; refund; tax;



  • Judgment 462


    46th Session, 1981
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    "According to the Tribunal's present case law, an acquired right is a right the grant of which was of decisive importance to the staff member when he accepted an appointment with the organisation. [...] But the notion of acquired rights should be developed to take account of situations analogous to those which gave rise to the doctrine." Staff members should not be arbitrarily deprived of the right to an allowance provided for in the Rules.

    Keywords:

    acquired right; allowance; condition; definition; knowledge of languages;

    Consideration 6

    Extract:

    The essential condition for continued payment of the allowance is continued proficiency. The method by which such proficiency is to be ascertained is not of the essence. The Director-General's changing the method does not constitute arbitrary deprivation of an acquired right.

    Keywords:

    acquired right; allowance; amendment to the rules; condition; knowledge of languages;

    Consideration 5

    Extract:

    The possibility of obtaining a language allowance under certain conditions is not ordinarily a matter of decisive importance to a new recruit. It is therefore not an acquired right in the sense of the case law. A staff member may be said to acquire the right to the allowance under the terms of the rules in force at the time he earns it. Accordingly, the rules should not be changed so as to deprive officials of such a right arbitrarily.

    Keywords:

    acquired right; allowance; amendment to the rules; knowledge of languages; provision; staff regulations and rules;



  • Judgment 441


    45th Session, 1980
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The International Patent Institute was integrated into the European Patent Organisation. The applicable provisions do not provide for the reimbursement of travel expenses. The abolition of the allowance, which was paid the complainant in the past and which was a considerable advantage for him, may have prompted him to accept his appointment. This suggests the breach of an acquired right. The complainant is entitled to the reimbursement of the cost of travel on home leave for himself and his family.

    Keywords:

    acquired right; allowance; amendment to the rules; discontinuance; home leave; merger; provision; refund; staff regulations and rules; terms of appointment; travel expenses;



  • Judgment 429


    45th Session, 1980
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "An organisation's rules do not confer any acquired right on staff members except where it was the rules that induced them to join the international civil service and the amendment of the rules will substantially alter conditions of service which they were entitled to expect would continue."

    Keywords:

    acquired right; definition; staff regulations and rules; terms of appointment;

    Consideration 9

    Extract:

    "When [the complainants] joined the staff they naturally took a keen interest in pension matters such as the amount of their contributions and of the pension itself, and perhaps they did acquire a right from the rules on such matters. But the rate of contribution by the [organisation] was a matter of lesser importance to them: its effect on their position was not direct enough for any acquired right to arise."

    Keywords:

    acquired right; contributions; organisation; pension; pension entitlements; terms of appointment; unjspf;

    Consideration 9

    Extract:

    "The Tribunal will consider the plea since there is a general principle of law protecting acquired rights, even in the absence of express provision."

    Keywords:

    acquired right; competence of tribunal; general principle; no provision;



  • Judgment 426


    45th Session, 1980
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "An official [...] is not given an acquired right, i.e. a right of which he cannot be deprived by unilateral amendment, to every benefit conferred by his contract, but only to those which are fundamental. The right to salary and to the well-established allowances, such as those for dependants, is essentially a fundamental right. But this does not mean that every item making up the salary or allowance and every detail of the process by which it is calculated are to be deemed inviolate; or that minor benefits - what are sometimes called 'fringe benefits' - are to be treated as unchangeable features of a contract that may last for 30 years or more."

    Keywords:

    acquired right; allowance; family allowance; reckoning; salary;

    Consideration 7

    Extract:

    An acquired right is one of which an official cannot be deprived by unilateral amendment.

    Keywords:

    acquired right; definition;



  • Judgment 425


    45th Session, 1980
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 4 and 6

    Extract:

    The Tribunal decides that the complainants are entitled to be graded at the higher grade provided for in a post description and which reflects their actual duties. These descriptions, which are provisional, are binding on the organisation until amended. The organisation may review the post descriptions and return the complainants to their present grade. "Such a decision would not impair their acquired rights since they are not entitled to preserve the position arising under this judgment."

    Keywords:

    acquired right; amendment to the rules; grade; organisation's duties; post classification; post description;



  • Judgment 391


    43rd Session, 1980
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "A right is acquired when he who has it may require that it be respected notwithstanding any amendments to the rules." Either of the following circumstances may give rise to an acquired right: a) "a right should be considered to be acquired when it is laid down in a provision of the Staff Regulations or Staff Rules and is of decisive importance to a candidate for appointment"; b) "a right will be acquired if it arises under an express provision of an official's contract of appointment and both parties intend that it should be inviolate."

    Keywords:

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

    Consideration 7

    Extract:

    The amount of salary is contractual and is immune to amendment only if the parties intend that it should be inviolate. "At the time when the complainants' basic salary was determined and later when it was adjusted, the parties are unlikely to have had in mind the circumstances [which led to the impugned decision]. "But, had they done so, would they ordinarily have intended that the amount of remuneration should be inviolate?"

    Keywords:

    acquired right; amendment to the rules; amount; contract; salary;

    Consideration 7

    Extract:

    "It is [...] quite within the realm of possibility that, had the parties, at the time when the contracts of employment were concluded and revised, envisaged the straitened circumstances in which the [organisation] was [...] to be placed, they would not have treated the agreed salary as inviolate. On the contrary, they would have consented to its slight and temporary reduction [four unpaid days of leave over a period of six months]. In other words, the complainants have failed to prove any breach of acquired rights."

    Keywords:

    acquired right; amount; budgetary reasons; reduction of salary; salary; terms of appointment;

    Consideration 6

    Extract:

    "A right is acquired when he who has it may require that it be respected notwithstanding any amendments to the rules."

    Keywords:

    acquired right; definition;

    Consideration 6

    Extract:

    "A right will be acquired if it arises under an express provision of an official's contract of appointment and both parties intend that it should be inviolate. Thus not all rights arising under a contract of appointment are acquired rights, even if they relate to remuneration: it is of the essence that the contract should make express or implied provision that the rights will not be impaired."

    Keywords:

    acquired right; condition; contract; provision;

    Consideration 6

    Extract:

    "[T]here may be an acquired right to application of the principle that an allowance will be paid, but not necessarily to the method of calculation - in other words, to the actual amount - of that allowance."

    Keywords:

    acquired right; allowance; amount; payment; reckoning;



  • Judgment 372


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

    Considerations 5-6

    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 to the rules; contract; definition; provision; staff regulations and rules; terms of appointment;



  • Judgment 371


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

    Consideration 4

    Extract:

    Vide Judgment 372, consideration 4.

    Reference(s)

    ILOAT Judgment(s): 372

    Keywords:

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



  • Judgment 369


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

    Consideration 9

    Extract:

    Vide Judgment 372, consideration 4.

    Reference(s)

    ILOAT Judgment(s): 372

    Keywords:

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

    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 10-11

    Extract:

    Vide Judgment 372, considerations 5 and 6.

    Reference(s)

    ILOAT Judgment(s): 372

    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.

    Reference(s)

    ILOAT Judgment(s): 371

    Keywords:

    acquired right; allowance; amendment to the rules; 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 to the rules; amount; reckoning; reduction of salary; terms of appointment;

    Consideration 6

    Extract:

    Vide Judgment 372, consideration 4.

    Reference(s)

    ILOAT Judgment(s): 372

    Keywords:

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



  • Judgment 366


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

    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 to the rules; contract; definition; provision; staff regulations and rules; terms of appointment;

    Consideration 11

    Extract:

    "[E]xpatriation, 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 to the rules; 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 of salary;

    Consideration 9

    Extract:

    "[T]he 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 to the rules; career; promotion; provision; staff regulations and rules;

< previous | 1, 2, 3, 4, 5, 6 | next >


 
Last updated: 07.03.2024 ^ top