Terms of appointment (249, 251, 252, 253, 968, 254, 255, 256, 257, 258, 259, 260, 261, 262, 264, 265, 266, 267, 268, 269, 270, 271, 945, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 666, 282, 283, 284, 285, 286, 287, 288, 289, 290, 292, 293, 294, 295, 296, 297, 298, 299, 300, 301, 302, 303, 304, 305, 306, 307, 308, 310, 311, 312, 313, 314, 661, 660, 686, 309, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 648, 654, 671, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 677, 378, 379, 380, 381, 382, 649, 383, 384, 385, 386, 387, 388, 491, 492, 493, 494, 495, 496, 497, 500, 501, 502, 503, 504, 505, 506, 836,-666)
You searched for:
Keywords: Terms of appointment
Total judgments found: 123
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Judgment 1666
83rd Session, 1997
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6(c)
Extract:
It may not be inferred from Short-Term Rule 3.5 and from the extension of his appointment that the complainant was entitled to the retroactive grant of non-local status. "The effect of the Rule is to bestow retroactively on a short-term official benefits granted to the holder of a fixed-term appointment. If, like the complainant, he belongs to the professional category the place of recruitment will have no bearing on the terms of his appointment. So neither does it have any bearing on entitlements granted retroactively."
Reference(s)
Organization rules reference: ILO SHORT-TERM STAFF RULE 3.5
Keywords:
appointment; contract; duty station; local status; non-local status; professional category; short-term; staff regulations and rules; terms of appointment;
Judgment 1660
83rd Session, 1997
European Free Trade Association
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"According to Judgment 1330 [...] and other precedents, the right to appeal to an international administrative tribunal forms part of the essential safeguards that international civil servants must enjoy."
Reference(s)
ILOAT Judgment(s): 1330
Keywords:
acquired right; case law; competence of tribunal; iloat; official; right of appeal; safeguard; terms of appointment;
Judgment 1603
82nd Session, 1997
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The International Civil Service Commission "may make recommendations for aligning conditions of service in the common system and may decide on the methods of determining them. Yet the staff may still challenge any action by that body, independent though it be of the organisation that employs them. [...] So the complainants may challenge the lawfulness of the Commission's method [...] even though the FAO has done no more than fall in line."
Keywords:
complaint; coordinated organisations; general decision; icsc decision; receivability of the complaint; recommendation; rule of another organisation; salary; terms of appointment;
Judgment 1539
81st Session, 1996
European Free Trade Association
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"Since the complainant was in Switzerland at the time of recruitment she was not locally recruited for employment at the Brussels Office. It is true that the Association was free to incorporate in the letters of appointment a clause saying that she was nevertheless deemed to have local status. [...] For want of a clause expressly prescribing local status the presumption is that the parties did not agree that she should have such status. The conclusion is that the contracts, read together with the Staff Regulations, set out all the terms and conditions of employment, which conferred non-local status on the complainant and gave the association no right or power to treat her as having any other. And even if there was doubt on that score it was the association, which was the source of all the relevant documents, that had the duty to resolve it."
Keywords:
complainant; contract; duty station; intention of parties; local status; non-local status; offer; organisation's duties; place of origin; staff regulations and rules; status of complainant; terms of appointment;
Consideration 13
Extract:
"Inasmuch as the letters of appointment say nothing of 'local' or 'non-local' status, the Tribunal will treat the facts of the case as decisive. A contractual provision on status would be necessary only if the matter were uncertain or if the parties had agreed that she should have a status different to the status that the facts determine. Since such agreement would involve a waiver by the complainant of her rights of non-local status, it may not be presumed in the absence of clear evidence of such waiver."
Keywords:
appraisal of evidence; contract; evidence; intention of parties; local status; non-local status; place of origin; status of complainant; terms of appointment;
Judgment 1520
81st Session, 1996
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The general decisions which the Assembly and Executive Council of the WTO took and which came into effect as announced in the circular affect the complainants' right to legal status in line with the common system, particularly as to the amounts of end-of-service entitlements, notice of dismissal and the general rules on retirement pensions. None of those provisions - some of which have indeed been dropped - directly infringes any of the rights that the complainants are asserting. They may, if they so wish, properly challenge any individual decision that applies to the provisions. Insofar as they are challenging the circular their complaints are therefore irreceivable."
Keywords:
amendment to the rules; cause of action; coordinated organisations; general decision; individual decision; receivability of the complaint; rule of another organisation; staff regulations and rules; terms of appointment;
Judgment 1519
81st Session, 1996
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
"The complainants argue that the [salary] survey ought to have compared jobs at like levels of seniority inside and outside [the organization] and not ignored the inverted 'pyramid' of the age structure of [the organization's] staff. There is merit to the criticism. Yet to whichever side one may tend on that point, the comparison is fated to go awry. In any event there was nothing unlawful in the approach the survey took. Neither [the ICSC] nor [the] organization went beyond the bounds of the discretion that the case law allow".
Keywords:
case law; discretion; flemming principle; general service category; icsc decision; inquiry; investigation; salary; seniority; step; terms of appointment;
Consideration 2
Extract:
"At its 15th and 37th sessions the [International Civil Service] Commission reaffirmed the Flemming principle, which dates back to 1949. The principle requires organisations to offer staff in the general service category conditions of employment on a par with 'the best prevailing conditions of employment in the locality' - i.e. salary and other basic components of pay - 'without being necessarily the best local conditions'."
Keywords:
base salary; definition; duty station; flemming principle; general service category; salary; terms of appointment;
Consideration 7
Extract:
"The complainants' plea that the [ICSC's] method of comparison with outside pay [as modified in 1992] should not have disregarded training would carry weight if it had any merit [...] but it is hard to evaluate the benefits of it to staff. Any attempt to do so may end in approximation or error because those benefits are not a reward for services rendered and depend on each staff member's duties, experience and career prospects. Though comparison of such benefits might have proved possible, the [ICSC's] methodology did not have to take account of them."
Keywords:
discretion; flemming principle; general service category; icsc decision; inquiry; investigation; salary; terms of appointment;
Consideration 12
Extract:
The International Civil Service Commission was not "bound to recommend that [the organization] fall in line with the practice of outside employers [...] In respect of compulsory insurance premiums and the refund of expenses incurred [the organization's] scheme of staff health insurance and the [national] social security system [...] are not closely comparable; indeed they are quite different. [...] The Commission abided by the applicable methodology - for all its flaws on that count - and [the organization] made no mistake of fact or of law."
Keywords:
contributions; flemming principle; general service category; health insurance; icsc decision; inquiry; insurance; investigation; salary; social benefits; terms of appointment;
Judgment 1515
81st Session, 1996
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
Purchasing power at CERN has plainly declined during the last several years and recent rises in pay did not offset the fall, far from it. "Yet the trend does not amount to breach of a fundamental term of the appointment of CERN staff." The Tribunal finds no breach of acquired rights.
Keywords:
acquired right; adjustment; breach; cost-of-living increase; cumulative decisions; reduction of salary; salary; terms of appointment;
Judgment 1514
81st Session, 1996
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
As first set out in Judgment 986 [...] and reaffirmed in Judgment 1368, "the case law is that international officials may allege breach of an acquired right when there is impairment of an essential and fundamental term of conditions of employment; and that is so even where impairment is gradual and due to an accretion of final decisions which are no longer open to challenge and each of which, taken singly, would not itself have been deemed unlawful."
Reference(s)
ILOAT Judgment(s): 986, 1368
Keywords:
acquired right; amendment to the rules; breach; case law; cumulative decisions; judicial review; terms of appointment;
Consideration 12
Extract:
"The complainants put their cumulative loss at some 10 per cent of the purchasing power of their pay since 1990 [...] and say it impairs an essential term of employment. A fall in purchasing power below some critical point may indeed be breach of an official's acquired right. But, save where the written rules require the indexing of pay, not every financial setback the official may suffer will amount to such breach." (The Tribunal cites Judgment 832.)
Reference(s)
ILOAT Judgment(s): 832
Keywords:
acquired right; adjustment; breach; case law; cost-of-living increase; cumulative decisions; reduction of salary; salary; staff regulations and rules; terms of appointment;
Judgment 1510
81st Session, 1996
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"An international civil servant may not ordinarily impugn a general rule that does not affect himself. Yet he may challenge any individual decision that does him injury; in so doing he may support his claims with any plea he likes; and he may thus plead breach of some general principle or of a written rule or clause of his contract that constitutes a term of appointment." The complainants are "just as free to plead flaws in the material rules as any mistakes of law or fact in assessing the peculiarities of their own position."
Keywords:
breach; cause of action; complaint; contract; general decision; general principle; individual decision; receivability of the complaint; terms of appointment;
Judgment 1481
80th Session, 1996
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The ILO had told the complainant upon recruitment that he could expect to receive an appointment without limit of time in five or six years. The Tribunal holds "that the conditions that precedent requires are met. The Director-General was wrong to refuse him an appointment without limit of time and to grant him only two years".
Keywords:
case law; criteria; duration of appointment; permanent appointment; promise; terms of appointment;
Judgment 1450
79th Session, 1995
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 25
Extract:
The complainants "quite wittingly consented [...] to the contracts of service they were offered and were aware that, being for a fixed term ,the contracts could not run beyond the period of two years they set. [They may not] object a posteriori to an essential term of the contract, viz. its duration, in an attempt to have it converted to a permanent appointment. They have adduced not a jot of evidence to suggest that the organisation acted in any but its own legitimate interests either when the contracts were made out or when they came to an end."
Keywords:
abuse of power; acceptance; contract; duration of appointment; evidence; fixed-term; lack of evidence; misuse of authority; permanent appointment; terms of appointment;
Judgment 1446
79th Session, 1995
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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:
acquired right; amendment to the rules; case law; condition; contract; staff regulations and rules; terms of appointment;
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:
acceptance; acquired right; amendment to the rules; complainant; contract; increment; satisfactory service; seniority; staff regulations and rules; terms of appointment;
Judgment 1368
77th Session, 1994
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The plea of breach of acquired rights is receivable and in ruling on it the Tribunal may take into account any issues of fact it deems material." Citing Judgment 986 [...], the Tribunal holds that "an employee may properly plead a decline in his situation tantamount to impairment of the essential and fundamental terms of his employment, even if the decline has been gradual and due to an accumulation of decisions which are no longer open to challenge and none of which, taken singly, would have been declared unlawful."
Reference(s)
ILOAT Judgment(s): 986
Keywords:
acquired right; amendment to the rules; breach; case law; cumulative decisions; flaw; judicial review; receivability of the complaint; terms of appointment;
Judgment 1330
76th Session, 1994
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
A "mistaken" contention of the complainants is "that any amendment of a text that in itself confers an acquired right [...] is bound to amount to impairment of that right. [...] No provision of the Staff Regulations is in itself inviolate. [...] Only when an amendment to earlier provisions has altered some essential and fundamental term of appointment will there be breach of an acquired right."
Keywords:
acquired right; amendment to the rules; staff regulations and rules; terms of appointment;
Judgment 1311
76th Session, 1994
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"As a rule the conditions of employment of staff are subject exclusively to the ESO's own Staff Regulations and to the general principles of the international civil service: see Judgments 322, under 2; 473, under 2 and 3; and 493, under 5. National laws, and in particular those of the host country, apply only where there is express reference thereto."
Reference(s)
ILOAT Judgment(s): 322, 473, 493
Keywords:
case law; domestic law; insurance benefits; international civil service principles; staff regulations and rules; terms of appointment;
Judgment 1123
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
The Tribunal points out that, as it said in Judgment 986, it has only a limited power of review in respect of salary policy. It will declare whether the impugned decisions square with general principles, with the Staff Regulations and with the terms of the complainants' appointment. Those principles, which include that of trust, were complied with in the instant case.
Reference(s)
ILOAT Judgment(s): 986
Keywords:
competence of tribunal; enforcement; general principle; good faith; judicial review; salary; staff regulations and rules; terms of appointment;
Judgment 1118
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
Vide Judgment 1123, consideration 13.
Reference(s)
ILOAT Judgment(s): 1123
Keywords:
competence of tribunal; enforcement; general principle; good faith; judicial review; salary; staff regulations and rules; terms of appointment;
Judgment 1108
71st Session, 1991
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
After retiring from the Organization the complainant returned under a contract as a consultant. The letter of acceptance he signed indicated that he was being recruited locally. He argues that as a Swedish citizen whom the WHO contacted in Stockholm he was entitled to non-local status and the payment of a daily subsistence allowance. The Organization submits, rightly, that in putting his signature to the contract he accepted the terms of the offer.
Keywords:
acceptance; contract; daily subsistence allowance; external collaborator; local status; non-local status; terms of appointment;
Judgment 1086
70th Session, 1991
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
In keeping with the Flemming principle and to make up for the end-of-service allowance paid to employees in Austria's private sector, general service staff at the IAEA, whose headquarters are in Vienna, got a percentage increase in gross salary from 1972 to 1987. As from 1987 the Agency brought in a system comparable to the one in Austrian enterprises. The complainants object to the IAEA's discounting service up to 1972 in reckoning the allowance. The Tribunal holds that by providing for a non-retroactive increase in applicable salary the Agency took a decision which had become final and that by replacing a system in force since 1972 by another was not in breach of any acquired right. No matter which method it followed, the Agency had complied with the Flemming principle.
Keywords:
compensatory measure; flemming principle; increase; non-retroactivity; salary; terminal entitlements; terms of appointment; time bar;
Judgment 1079
70th Session, 1991
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Interpol's Staff Regulations and Staff Rules provide staff members guarantees against the loss of grade or changes to their conditions of service in connection with the headquarters move. The organization having failed to comply in full with those obligations, as a result of which the complainant turned down the offer of transfer, the Tribunal refers the complainant to Interpol to determine the compensation to which he is entitled.
Keywords:
downgrading; promise; refusal; staff regulations and rules; terminal entitlements; terms of appointment; transfer; transfer of headquarters;
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