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 61

  
  10th Session, 1962
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 12

  Extract:

  "Provisions which appertain to the individual terms and conditions of an official, in consideration of which he accepted appointment [...], should to a large extent be assimilated to contractual stipulations. Hence, if the efficient functioning of the organisation in the general interest of the international community requires that the latter type of provisions should not be frozen at the date of appointment and continue so for its entire duration, such provisions may be modified in respect of a serving official and without his consent but only insofar as modification does not adversely affect the balance of contractual obligations or infringe the essential terms in consideration of which the official accepted appointment."

  Keywords:

  acquired right; amendment to the rules; contract; law of contract; organisation's duties; organisation's interest; terms of appointment;
  

  Consideration 12

  Extract:

  "The Staff Regulations and Rules contain two types of provisions, the nature of which differs according to the objects to which they are directed : [...] provisions which appertain to the structure and functioning of the international civil service and the benefits of an impersonal nature and subject to variation, and, on the other hand, provisions which appertain to the individual terms and conditions of an official, in consideration of which he accepted appointment."

  Keywords:

  difference; official; provision; staff regulations and rules; terms of appointment;
  

  Consideration 18

  Extract:

  "Actually, it is doubtful whether, taken in isolation, these various changes seriously impaired a right that could have induced the complainant to enter the service of the [organisation], but taken in conjunction the changes did have this effect. Therefore, by making the changes applicable to the complainant, the [organisation] infringed the terms of his appointment."

  Keywords:

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

  Consideration 14

  Extract:

  The organisation altered the pensions scheme, family allowances and termination benefits in case of abolition of post. While it "was, in principle, empowered to do so, it falls to be considered whether it thereby altered the balance of contractual obligations or infringed the essential terms of appointment in consideration of which the complainant [...] agreed to accept service with [the organisation]."

  Keywords:

  abolition of post; acquired right; amendment to the rules; consequence; contract; family allowance; judicial review; pension; terminal entitlements; terms of appointment;
  

  Consideration 24

  Extract:

  The changes in the guarantees provided in the event of abolition of post "constitute a serious infringement of the terms of appointment" of the complainant. He is therefore justified in maintaining that the Secretary-General was not entitled to declare that the material regulation was applicable to his terms of appointment.

  Keywords:

  abolition of post; amendment to the rules; provision; safeguard; staff regulations and rules; termination of employment; terms of appointment;
  

  Consideration 24

  Extract:

  A comparison of the old and new provisions reveals "that in the event of termination owing to the abolition of the official's post the new regulations abolish all immediate right to a pension and substitute for an allowance of a stated amount, guaranteed under the former article [...] a benefit of an amount to be decided by the administrative council at its absolute discretion; these two changes constitute a serious infringement of the [complainant's] terms of appointment [...]."

  Keywords:

  abolition of post; acquired right; amendment to the rules; discontinuance; pension entitlements; provision; repeal; staff regulations and rules; terminal entitlements; termination of employment; terms of appointment;
  

  Consideration 12

  Extract:

  "The terms of appointment of international civil servants and, in particular, those of the [organisation in question] derive both from the stipulations of a strictly individual character in their contract of appointment and from Staff Regulations and Rules, which the contract of employment by reference incorporates. Owing, inter alia, to their increasing complexity, the conditions of service mainly appear not amongst the stipulations specifically set out in the contract of appointment but in the provisions of the [...] Staff Regulations and Rules."

  Keywords:

  contract; official; provision; staff regulations and rules; terms of appointment;
  

  Consideration 3

  Extract:

  "The said letter, whatever its intent, constitutes an individual decision in respect of which non-observance of the terms of the complainant's appointment as laid down in his contract and in relevant regulations is alleged; hence the Tribunal is competent, under Article II, paragraph 5, of its Statute, to proceed to review it."

  Reference(s)

  ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE
  
  

  Keywords:

  competence of tribunal; contract; general decision; individual decision; receivability of the complaint; terms of appointment;
  

  Consideration 17

  Extract:

  "[The] salary increases resulted from the equating of the complainant's salary to that of officials of the United Nations with similar duties and responsibilities, and such salary increases cannot be set off against any loss which the complainant can be shown to have suffered as the result of the application to him of the new conditions of service."

  Keywords:

  amendment to the rules; compensatory measure; enforcement; increase; provision; reduction of salary; salary; staff regulations and rules; terms of appointment;
  

  
  
  

• Judgment 53

  
  9th Session, 1961
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  "While there is no positive obligation for the organization to brief an official as to living conditions at his future duty station, where the organization undertakes to provide such briefing, it must do so carefully and realistically." In the present case, it was for the complainant to make arrangements, in the light of the information supplied, of his personal circumstances and the amount of his remuneration, "it being neither incumbent upon, nor possible for, the organization to advise him in the matter."

  Keywords:

  duty station; duty to inform; organisation's duties; terms of appointment; working conditions;
  

  
  
  

• Judgment 30

  
  6th Session, 1957
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  No regulations govern the conditions of employment of officials of branch offices. The complainant, an official of a branch office, was personally appointed secretary; it was natural that he should set great store by a distinction granted to him after 25 years of service. "The decision to change the complainant's title unjustifiably modified a former decision which had been in the nature of a personal reward; the Tribunal [...] finds for the complainant, insofar only as the retention of the title of secretary is concerned".

  Keywords:

  amendment to the rules; field; no provision; terms of appointment; title of post;
  

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