Amendment to the rules (233,-666)
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Keywords: Amendment to the rules
Total judgments found: 214
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Judgment 721
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"As regards determination of step, the Tribunal merely observes that the President has recently issued instructions which are more favourable to the staff but the EPO is refusing to apply them to former institute officials. The Tribunal sees no reason of law or equity for such discrimination and for such unfair treatment of staff members".
Keywords:
administrative instruction; amendment to the rules; enforcement; equal treatment; provision; reckoning; seniority;
Judgment 692
57th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Unlike special leave, leave required in the service of the organisation must be granted, as provided by the regulations, according to circumstances and is not otherwise subject to a time limit. The 12-day leave requested by the complainant is justified for transfer from one duty-post to another, i.e. for professional purposes. The Tribunal allows the complaint.
Keywords:
amendment to the rules; duty station; grounds; leave; request by a party; transfer;
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 669
56th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The general decision impugned* in this case puts no exact figure on the entitlement of the staff members concerned. That will be determined only when the administration comes to take individual decisions in pursuance of the general decision, viz. the Council's approval of the new text of [the] Article".
(*) amending a provision in the Service Regulations on benefits payable in the event of invalidity.
Keywords:
amendment to the rules; competence of tribunal; general decision; individual decision; invalidity; provision; receivability of the complaint; staff regulations and rules;
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 664
56th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainant, who was the victim of an accident, took up duty after the date originally agreed upon. The date on which she took up duty was set as her date of appointment. The delay in her recruitment did not lead to novation of the whole contract. Only one of the terms of the contract was altered. The others remained in force and were applied in full. The suspension of the contract did not lead to its annulation. If it had, the organisation might have refused to appoint the complainant when she became fit to start work. "Yet that would have been neither fair nor reasonable."
Keywords:
amendment to the rules; appointment; contract; date; elements; professional accident;
Judgment 619
53rd Session, 1984
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6-7
Extract:
When a second competition for the post was announced, the qualifications previously sought had been altered in several respects in the new vacancy notice. "The [organization's] approach would be open to criticism only if the requirements in the second announcement fell short of what might ordinarily be expected of the holder of the post."
Keywords:
amendment to the rules; competition; judicial review; vacancy notice;
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 611
53rd Session, 1984
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The organization "do not deny they made changes of form and substance [to the text of the complainant's report] without his approval. But they were fully entitled by virtue of their rights under [the applicable rule] to endorse or reject his draft: they were under no duty either to seek comments from him or to act on any he made."
Keywords:
amendment to the rules; organisation; publication; right;
Judgment 598
52nd Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"Where the guidelines properly modify the requirements of the Service Regulations they confer on the President an authority of his own which he exercises in the general interest and as befits the particular circumstances. [...] The wording of the guidelines is such that they cannot be treated as nothing more than standards or goals [...] They set objective and binding criteria for deciding on individual staff cases, and, while not ignoring the President's discretionary authority, the Tribunal will review the application of the rules the Council has laid down."
Keywords:
administrative instruction; amendment to the rules; binding character; competence of tribunal; discretion; enforcement; executive body; executive head; general decision; staff regulations and rules;
Judgment 597
52nd Session, 1984
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
Vide Judgment 598, consideration 1.
Reference(s)
ILOAT Judgment(s): 598
Keywords:
administrative instruction; amendment to the rules; binding character; competence of tribunal; discretion; enforcement; executive body; executive head; general decision; staff regulations and rules;
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 594
51st Session, 1983
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"It is not every reformulation of the duties of a post that produces the result that there are increased duties and responsibilities within the meaning of [the material provision in the Staff Manual]. What must be shown is that the totality of enumerated duties, taken in the light of the everyday functioning of the post, in all the circumstances surrounding such functioning, represents an increase in the duties and responsibilities of the post. This the complainant has been unable to show."
Keywords:
amendment to the rules; condition; post classification; post description; promotion;
Judgment 592
51st Session, 1983
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant has no right to conversion of his fixed-term contract into a permanent one. There is no provision in the Staff Regulations and Staff Rules which says that the incumbent of a permanent post should perforce have a permanent appointment.
Keywords:
amendment to the rules; contract; duration of appointment; fixed-term; no provision; permanent appointment; right;
Consideration 3
Extract:
The complainant was appointed for a fixed term. "It is immaterial that he received assurances about the possibility of confirmation, that he holds a permanent post. That his predecessor had a permanent appointment and that other staff members have been granted permanent appointments after fixed-term ones. None of these facts warrants the grant of the permanent appointment. In particular there is no provision in the Staff Regulations and Staff Rules which says that the incumbent of a permanent post should perforce have a permanent appointment."
Keywords:
amendment to the rules; contract; duration of appointment; fixed-term; non-renewal of contract; permanent appointment; post; right;
Judgment 564
51st Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The rules on competitions were revised in 1981. The new rules provided for setting up a selection board, and its members were appointed later. The competition of which the complainant is challenging the outcome opened in June 1981 and it was decided to apply the old rules. His objections to that decision are unsound; there was no error of law and, because of the delay in appointing the members of the Selection Board, its effect appears to have been to speed up the competition procedure."
Keywords:
amendment to the rules; applicable law; competition; provision; staff regulations and rules;
Consideration 4
Extract:
The original announcement of the vacancy said that the incumbent would join a team which was to prepare a 'report on world employment. A revised version, in keeping with the French text and the organisation's intention, replaced the words with 'world labour report'. "It is obvious that the change had no effect on the competition procedure, and it is not a procedural defect impairing the validity of the impugned decision."
Keywords:
amendment to the rules; competition; flaw; procedural flaw; vacancy notice;
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 537
49th Session, 1982
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The Executive Board adopted the French version of [WHO Staff Rule] 1030.3.4, and the Executive Board alone could amend it. Instead it was the Director-General who decided to alter the French text, and the fact that he did is immaterial since according to Rule 020 the Director-General's authority is limited to making proposals for amendment. [...] Accordingly, his so-called 'correction' is in itself null and void. Either he discovers an error, and the original text must be applied; or else he alters the adopted text without being competent to do so."
Reference(s)
Organization rules reference: ARTICLES 020 AND 1030.3.4 OF WHO STAFF RULES
Keywords:
amendment to the rules; competence; decision-maker; executive body; executive head; proposal; provision; staff regulations and rules;
Judgment 525
49th Session, 1982
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
As inferred from the wording of the rule, review is clearly an exceptional measure. Review takes place only after a special decision by the President of the Office on a reasoned request by the staff member. The President has discretion in this matter.
Keywords:
amendment to the rules; discretion; exception; home;
Judgment 523
49th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant's post having been abolished neither in substance nor in form (but transferred to another duty station), the termination of his contract was unlawful. On the alternative view, the complainant would find himself deprived of the right given to staff members in the general service category under a rule which makes transfer to a new station subject to the staff member's consent. As reinstatement is not an appropriate remedy, the organization must pay the complainant $40,000 as compensation and $6,000 in costs.
Keywords:
abolition of post; amendment to the rules; duty station; general service category; termination of employment; terms of appointment; transfer;
Judgment 514
49th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The Tribunal in Judgment no. 426 decided that a practice by the United Nations to reimburse tax on lump-sum communications was irrelevant." The United Nations introduced a transitional measure to protect the acquired rights of serving officials when it discontinued the practice. The organisation in question did not do likewise. The point raised is not within the jurisdiction of the Tribunal.
Reference(s)
ILOAT Judgment(s): 426
Keywords:
amendment to the rules; commutation; competence of tribunal; lump-sum; practice; refund; tax; transitional measures;
Consideration 5
Extract:
"A change in a rule or practice [...] is a sufficient ground within the meaning of [the principle of equality of treatment] for distinguishing those who made their claim before from those who made their claim after."
Keywords:
amendment to the rules; equal treatment; practice;
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