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Cumulative decisions (28,-666)

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Keywords: Cumulative decisions
Total judgments found: 8

  • Judgment 3107


    113th Session, 2012
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "As stated in Judgment 1306, consideration 6, "[w]hen a decision is quashed, it is deemed never to have been taken". Accordingly, any subsequent or consequential decision based entirely on a decision that has been set aside necessarily lacks legal foundation and is a nullity."

    Reference(s)

    ILOAT Judgment(s): 1306

    Keywords:

    consequence; cumulative decisions; decision quashed;



  • Judgment 2350


    97th Session, 2004
    European Free Trade Association
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 17-18

    Extract:

    The complainant submits that the behaviour of the Administration towards her amounted to harassment since she got only a one-step salary increase, rather than the two proposed by her supervisor, and only a two-year extension of contract rather than the customary three years. The Tribunal considers that such decisions "were decisions which the Secretary-General was entitled to reach in the exercise of his discretion. That being so, such decisions can only be viewed as part of a campaign of harassment if the other events upon which the complainant relies give rise to an inference that these were taken because of hostility, ill will or other improper motive. The complainant has failed to prove harassment."

    Keywords:

    burden of proof; cumulative decisions; decision; discretion; duration of appointment; executive head; extension of contract; grounds; harassment; increment; lack of evidence; recommendation; supervisor; working relations;



  • Judgment 2011


    90th Session, 2001
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 18

    Extract:

    "According to the case law of the Tribunal, for a decision, taken after an initial decision has been made, to be considered as a new decision (setting off new time limits for the submission of an internal appeal) the following conditions are to be met. The new decision must alter the previous decision and not be identical in substance, or at least must provide further justification, and must relate to different issues from the previous one or be based on new grounds (see Judgments 660 [...] and 759 [...]). It must not be a mere confirmation of the original decision (see Judgment 1304 [...]). The fact that discussions take place after a final decision is reached does not mean that the organization has taken a new and final decision. A decision made in different terms, but with the same meaning and purport as a previous one, does not constitute a new decision giving rise to new time limits (see Judgment 586 [...]), nor does a reply to requests for reconsideration made after a final decision has been taken (see Judgment 1528 [...])."

    Reference(s)

    ILOAT Judgment(s): 586, 660, 759, 1304, 1528

    Keywords:

    case law; condition; confirmatory decision; cumulative decisions; decision; definition; formal requirements; new time limit; receivability of the complaint; same purpose; start of time limit; time bar; time limit;



  • 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 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 994


    68th Session, 1990
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    Three successive decisions to promote the complainant were taken: a promotion by direct selection from grade G.6 to P.3 as from 1 July 1986; a personal promotion from G.6 to G.7 as from 1 January 1985 and the outcome of a procedure which led to his post being regraded from G.6 to P.3 effective on 1 February 1984. The complainant challenges the Administration's decision to treat the regrading decision as void. The regrading decision was accepted by the complainant and showed no flaw. As it became final on the expiry of the time limit for challenge, the Administration may not go back on it.

    Keywords:

    condition; cumulative decisions; flaw; personal promotion; post classification; professional category; promotion; time limit; withdrawal of decision;

    Summary

    Extract:

    The complainant was granted three concurrent promotions: the first by direct selection from grade G.6 to P.3 with effect from 1 July 1986; the second by personal promotion from G.6 to G.7 with effect from 1 January 1986; and the third as a result of the regrading of his post from G.6 to P.3 with effect from 1 February 1984. The Administration said he could choose between two options: either his promotion to P.3 as from 1 February 1984 would be deemed to have cancelled the earlier ones and, in keeping with Article 3.4.4 of the Staff Regulations, his pensionable remuneration would stay at the level it had reached at that date; or else he might keep the personal promotion and his pensionable remuneration would be at the level it had reached at 1 July 1986. The complainant having refused to choose between the two options, the Administration applied the second one. Insofar as that decision conflicts with the decision to regrade his post P.3 as from 1 February 1984 it cannot stand.

    Reference(s)

    Organization rules reference: ARTICLE 3.4.4 OF THE ILO STAFF REGULATIONS

    Keywords:

    consequence; cumulative decisions; general service category; pension; pensionable remuneration; post classification; professional category; promotion; withdrawal of decision;



  • Judgment 986


    67th Session, 1989
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    On 1 April 1987 the ILO brought in a new scale which further lowered pensionable remuneration. Though there is no going back on what was said in earlier judgments, "the complainants may back up their case against the decisions they impugn by citing the earlier ones on the same subject [vide Judgments 832 and 862]. The full set of decisions is material in ruling on the plea of breach of acquired rights even though, if breach there has been, the consequences will touch only the decisions now under challenge."

    Reference(s)

    ILOAT Judgment(s): 832, 862

    Keywords:

    acquired right; consequence; cumulative decisions; pension; pensionable remuneration; reduction of salary; res judicata; 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;


 
Last updated: 15.09.2021 ^ top