Amendment to the rules (233,-666)
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Keywords: Amendment to the rules
Total judgments found: 214
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Judgment 1200
73rd Session, 1992
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainants dispute the amendment of a provision concerning pensionable remuneration in the Staff Regulations of the International Training Centre of the ILO at Turin. They allege that the impugned decision is unlawful because it was in breach of the duty to consult the Staff Relations Committee under Articles 0.3 and 10.2(a) of the Staff Regulations. The Tribunal observes that the principle embodied in these provisions is plain: cooperation between staff and management. The sequence of events shows that the organisation did not follow the prescribed procedure. The Tribunal holds that when the Centre wishes to amend its Staff Regulations "it is making a decision of its own and must abide by the rules of its own making. [...] its failure [to do so] in this instance was unlawful and has the effect of avoiding the new text of [the provision]. [...] Since the individual decisions under challenge rest on an improperly made amendment to the Staff Regulations they are unlawful."
Reference(s)
Organization rules reference: ARTICLES 0.3 AND 10.2 (A) OF THE ITC STAFF REGULATIONS
Keywords:
advisory body; amendment to the rules; consultation; due process; flaw; general principle; judicial review; patere legem; procedural flaw; procedure before the tribunal; staff regulations and rules;
Judgment 1199
73rd Session, 1992
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The doctrine of acquired rights was stated in Judgment 832. An acquired right is one the staff member may expect to survive any amendment of the rules. But in each case the issue is whether the amended term of appointment is fundamental or not. The first point is to determine whether the essence of the terms of appointment has altered, the second to assess the reasons for the change."
Reference(s)
ILOAT Judgment(s): 832
Keywords:
acquired right; amendment to the rules; case law; cause; definition; staff regulations and rules;
Consideration 6
Extract:
The complainants plead breach of their acquired rights concerning pay. "In this case the changes were made because of shifts in economic trends and tax rules in the United States [...] The competent authorities [...] decided in the exercise of their discretion to keep the link with the civil service of the member State - the United States - that is customarily the 'comparator' in determining pay in the international civil service. Their solution is not intrinsically unlawful."
Reference(s)
ILOAT Judgment(s): 832
Keywords:
acquired right; amendment to the rules; discretion; domestic law; general principle; noblemaire principle; reckoning; salary; scale;
Judgment 1196
73rd Session, 1992
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 15 to 18
Extract:
The Organization repealed Staff Regulation 3.1 bis. The complainants contend that this impaired their acquired rights and the stability of their conditions of pay in breach of Regulation 12.1. "In point of principle a rule calculated to achieve stability, like 3.1 bis, serves the lawful purpose of protecting against the erosion of pay by monetary trends, a factor extraneous to the contract of employment, and once the staff have been granted such a safeguard the rule-making authority may not arbitrarily do away with it. But [...] there was objective cause to repeal 3.1 bis in that it had entailed adjusting pay only when the dollar fell on the exchange market but not when it rose above any given point. There was potential - depending on currency fluctuation - for an undue increase in pay constituting a lasting charge to WIPO's budget which was no more warranted than it would have been for the Organization to make savings if the dollar fell. The conclusion is that because of the untoward effects the old rule might have [WIPO] was right to repeal it. Repeal was not in breach of the staff's acquired rights".
Reference(s)
Organization rules reference: FORMER WIPO STAFF REGULATION 3.1 BIS; WIPO STAFF REGULATION 12.1
Keywords:
acquired right; adjustment; amendment to the rules; cost-of-living weighting; currency of payment; exchange rate; international civil service principles; salary; staff regulations and rules; unjust enrichment;
Judgment 1189
73rd Session, 1992
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant's request to have his designated home changed was turned down. He says that at the time of his recruitment there was an agreement with the administration to give him local status to avoid his running the risk of returning to his home country. "The argument fails. [...] The ILO could never have forced him to go [back to his home country], the taking of home leave being a right, not a duty".
Keywords:
amendment to the rules; home; home leave; refusal; right; staff member's duties;
Judgment 1186
73rd Session, 1992
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainants object to the abolition of free after-service health insurance cover. They contend that as serving officials they contributed to a health scheme that covered both their own medical expenses and those of former officials. The FAO's answer is that they never contributed to a health scheme that was intended to cover the expenses incurred both by serving and by retired officials. "The complainants are mistaken: as to medical insurance coverage their position before retirement was distinct from their position after it and amendments in the terms of their coverage after they had left had no retroactive effect on their earlier coverage."
Keywords:
amendment to the rules; further submissions; health insurance; illness; insurance; medical expenses; non-retroactivity; separation from service;
Judgment 1130
71st Session, 1991
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The Organisation granted the complainants incremental steps on a provisional basis while awaiting for new salary scales to come into force. The Tribunal holds that "there was nothing unlawful about replacing them several months later with retroactive decisions granting them lower steps."
Keywords:
amendment to the rules; increment; provisional decision; reduction of salary; salary; scale; step; withdrawal of decision;
Judgment 1125
71st Session, 1991
Intergovernmental Organisation for International Carriage by Rail
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"A construction which an international organisation wilfully and consistently puts on a rule for years may become a binding element of personnel policy to be applied to everyone who is in the same position in law and in fact. That flows from the general principles that an organisation must show good faith and frame personnel policy in objective terms. Yet it may alter a construction it was not required to follow provided that it does not thereby offend against any of its written rules."
Keywords:
amendment to the rules; binding character; general principle; good faith; interpretation; practice; staff regulations and rules;
Judgment 1116
71st Session, 1991
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"According to consistent precedent the Director-General has discretion to extend a fixed-term appointment or convert it into an indeterminate one and his decision will be set aside only if taken without authority [etc]".
Keywords:
amendment to the rules; contract; discretion; duration of appointment; fixed-term; judicial review; non-renewal of contract; permanent appointment;
Judgment 1084
70th Session, 1991
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"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.
Keywords:
acquired right; amendment to the rules; contract; definition; lack of injury; title of post;
Judgment 1073
70th Session, 1991
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant was denied a dependency entitlement for 1989 because his wife's income did not meet the conditions laid down in Provisional Staff Rule 5.03.2(d) as it read at the material time. Loss of the entitlement brought the complainant's combined family income below the maximum limit. As from 1 January 1990 the Agency's practice was amended so as to limit the loss of such entitlement to the same amount by which the spouse's income runs over the income limit. Inasmuch as the new rule does not prescribe retroactive change, the complainant has no grounds on which to claim it.
Reference(s)
Organization rules reference: IAEA PROVISIONAL STAFF RULE 5.03.2(D)
Keywords:
allowance; amendment to the rules; condition; dependant; non-retroactivity; practice; salary; staff regulations and rules;
Judgment 1053
69th Session, 1990
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7, Summary
Extract:
When the complainants retired in 1988 they chose to take partial lump-sum payment of their pensions in the belief that United States taxes levied on those amounts would be reimbursed in keeping with a practice that remained in force until 1989. But they were denied reimbursement. As the complainants all believed the practice to be applicable when they made their choice, both the principle of non-retroactivity and that of good faith apply.
Keywords:
amendment to the rules; date; good faith; lump-sum; non-retroactivity; pension; pension entitlements; practice; refund; retirement; tax;
Summary
Extract:
In respect of tax reimbursement the IAEA took the reference in Provisional Staff Regulation 5.02(a) to "salaries or allowances paid by the Agency" to cover lump-sum payments from the United Nations Joint Staff Pension Fund between 1980 and 1989. The Tribunal holds that, "having been followed over several years,the interpretation became part of the Agency's personnel policy and had to be applied to all departing staff members who found themselves in similar circumstances. If the Agency chose to take a different view of the interpretation at a later stage, it could not in doing so break with the general principle of good faith which it is required to observe in dealings with its staff members."
Reference(s)
Organization rules reference: IAEA PROVISIONAL STAFF REGULATION 5.02(A)
Keywords:
amendment to the rules; good faith; interpretation; lump-sum; pension; practice; refund; staff regulations and rules; tax;
Judgment 1025
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The Tribunal has already declared that rules on promotion do confer an acquired right insofar as they offer staff an expectation of advancement. But the particular arrangements for the grant of promotion confer no such right because on recruitment staff cannot foretell how they will fare in their career. [...] In any event an organisation may change the rules on promotion for the sake of efficiency and so as to cope with changing circumstances."
Keywords:
acquired right; amendment to the rules; career; promotion;
Judgment 1020
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
According to Article 53 of the Staff Regulations, those regulations may be amended or supplemented only "without prejudice to the rights the organization's officials have acquired" thereunder. That is an affirmation of the rule that an official "may plead an acquired right not only where it is contractual but even when staff regulations have been amended."
Reference(s)
Organization rules reference: ARTICLE 53 OF INTERPOL STAFF REGULATIONS
Keywords:
acquired right; amendment to the rules; contract; staff regulations and rules;
Consideration 13
Extract:
"Since the Tribunal may not review the policy decision to move to Lyon the only effect it can give to the doctrine of acquired rights as recognised by Interpol is to determine whether the arrangements for carrying out the move were properly objective. Since the transfer did disrupt the lives of its staff, the organization had a duty to ensure that there was no undue or pointless detriment to their interests. The consequences of the change which the transfer brought in the conditions of their employment are to be gauged against cardinal principles such as equality of treatment, good faith and the rule against retroactivity".
Keywords:
acquired right; amendment to the rules; equal treatment; general principle; good faith; judicial review; non-retroactivity; organisation's duties; terms of appointment; transfer of headquarters;
Judgment 1019
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
Vide Judgment 1020, consideration 13.
Reference(s)
ILOAT Judgment(s): 1020
Keywords:
acquired right; amendment to the rules; equal treatment; general principle; good faith; judicial review; non-retroactivity; organisation's duties; terms of appointment; transfer of headquarters;
Consideration 11
Extract:
Vide Judgment 1020, consideration 13.
Reference(s)
Organization rules reference: ARTICLE 53 OF THE INTERPOL STAFF REGULATIONS
ILOAT Judgment(s): 1020
Keywords:
acquired right; amendment to the rules; contract; staff regulations and rules;
Judgment 990
68th Session, 1990
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The General Assembly of the United Nations brought in a new scale of pensionable remuneration as from 1 January 1985. The scale, provided for in Article 3.1.1 of the Staff Regulations, did not come into force until 1 April 1985. The complainant's pension, however, was reckoned according to the new scale between 1 January and 31 March 1985. The Tribunal holds that "the ILO is undoubtedly bound [...] by the provisions of the Staff Regulations so long as they remain in force and is therefore liable towards the complainant for the breach of them. That its difficulty is due to the stand taken by the fund cannot alter its liability as employer towards its staff."
Reference(s)
Organization rules reference: ARTICLE 3.1.1 OF THE ILO STAFF REGULATIONS
Keywords:
amendment to the rules; difference; effective date; fund regulations; liability; organisation; payment; pension; pensionable remuneration; provision; reduction of salary; scale; staff regulations and rules; unjspf;
Summary
Extract:
The General Assembly of the United Nations brought in a new, lower scale of pensionable remuneration as from 1 January 1985. That scale, provided for in Article 3.1.1 of the ILO Staff Regulations, did not come into force for officials serving in the organization until 1 April 1985. The complainant's pension was nonetheless reckoned according to the new scale between 1 January and 31 March 1985. She challenges the Director-General's implied rejection of her internal complaint seeking to have her pension reckoned according to the old scale up to 31 March 1985 or, failing that, compensation. The Organization submits that the measure had come to her attention through various channels and that the complaint was out of time. The Tribunal holds that the Staff Regulations contained an explicit provision which set out the staff's rights. The staff were not told of any valid ilo decision not to abide by the Staff Regulations. The Organization's contention that the complaint is irreceivable is mistaken.
Reference(s)
Organization rules reference: ARTICLE 3.1.1 OF THE ILO STAFF REGULATIONS
Keywords:
amendment to the rules; complaint; difference; effective date; fund regulations; pension; pensionable remuneration; provision; receivability of the complaint; reduction of salary; scale; staff regulations and rules;
Judgment 986
67th Session, 1989
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 24
Extract:
Though the Tribunal "has held that the new scale [of pensionable remuneration] impairs the complainants' rights, it cannot now set the amount of their entitlements." Its ruling will therefore be one of principle.
Keywords:
amendment to the rules; amount; injury; material damages; pension; pensionable remuneration; reduction of salary; scale;
Consideration 16
Extract:
"A ruling on the lawfulness of a decision calls for review of all the material evidence, and especially in times of change in which the decision has been taken. One relevant criterion is the ultimate purpose. A run of small amendments may offend against the whole spirit of the rules, and to ignore them would be a miscarriage of justice".
Keywords:
acquired right; amendment to the rules; cumulative decisions; judicial review; purpose; staff regulations and rules; terms of appointment;
Consideration 3
Extract:
"Even when there has been amendment of Staff Regulations there will be breach of an acquired right that warrants setting the decision aside if the altered term of appointment is 'fundamental' and 'essential'."
Keywords:
acquired right; amendment to the rules; definition; staff regulations and rules; terms of appointment;
Judgment 978
66th Session, 1989
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
UNESCO Staff Rule 031.14 (B) (III) formerly provided that "the non-resident's allowance shall not be paid, or shall cease to be paid, to a staff member [...] whose husband is a national of the country of the duty station" inasmuch as the word "husband" prevents the rule from applying to staff members whose wives are in the same situation, the provision is discriminatory and the impugned decision, which was based on the discriminatory provision, must therefore be quashed.
Reference(s)
Organization rules reference: FORMER UNESCO STAFF RULE 103.14(B)(III)
Keywords:
amendment to the rules; equal treatment; flaw; local status; marital status; non-local status; non-resident allowance; provision; sex discrimination; staff regulations and rules;
Judgment 975
66th Session, 1989
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"The fact that [the complainant] formerly benefited from misinterpretation of the rules does not entitle her to have the rules wrongly applied a second time."
Keywords:
amendment to the rules; interpretation;
Judgment 963
66th Session, 1989
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Any authority is bound by the rules it has itself issued until it amends or repeals them. The general principle is that rules govern only what is to happen henceforth, and it is binding on any authority since it affords the basis for relations between the parties in law. furthermore, a rule is enforceable only from the date on which it is brought to the notice of those it applies to."
Keywords:
amendment to the rules; effective date; enforcement; general principle; non-retroactivity; patere legem; staff regulations and rules;
Judgment 960
66th Session, 1989
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The organisation argues that the complainant's internal appeal against the application of the amended scale of pensionable remuneration was time-barred. The plea fails. The Tribunal holds that "although [the complainant] must have known for over two years that amending the scale would have consequences when she left she could not know what the financial consequences would be."
Keywords:
amendment to the rules; amount; consequence; decision; internal appeal; pension; pensionable remuneration; receivability of the complaint; reduction of salary; retirement; scale; separation from service; start of time limit; time bar; time limit;
Consideration 6
Extract:
The purpose of the present complaint is the same as the purpose of the complaints which lead to Judgment 832. The rationale of that judgment and the ruling hold good. The Tribunal declares that "the ILO acted lawfully in adopting the new scale as from 1 April 1985, its decision was not in breach of any promise and did not have retroactive effect, and although it did cause the complainant financial injury the reasons were objective and the extent of the injury admissible."
Reference(s)
ILOAT Judgment(s): 832
Keywords:
acquired right; amendment to the rules; non-retroactivity; pension; pension entitlements; pensionable remuneration; reduction of salary; scale;
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