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Currency of payment (359,-666)

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Keywords: Currency of payment
Total judgments found: 6

  • 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    The Organization repealed Staff Regulation 3.1 bis.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 1168


    73rd Session, 1992
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "In his original complaint the applicant stated his claim in dollars and he was accordingly awarded and paid the amount in that currency. If there was any risk of loss due to fluctuations in the rate of exchange, he ought to have raised the issue in the context of his original complaint. [...] Since he chose to state his claim in dollars and succeeded, the matter is res judicata and he may not have it reconsidered. There is no merit in his plea that 'lack of experience' explains why he did not think of the effect of changing rates of exchange: ignorantia juris haud excusat."

    Keywords:

    application for execution; currency of payment; duty to be informed; duty to know the rules; exchange rate; execution of judgment; ignorance of the rules; res judicata;



  • Judgment 285


    37th Session, 1976
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "If, as the Tribunal believes, it is intended by [the material provision] that a pensioner should be paid in the currency of the country in which he "declares his home to be", the article should say so expressly. [...] It may well be considered desirable that he should have an option to change his country of residence and consequently the currency in which his pension is paid; if this is what is intended, the article should be limited to that."

    Keywords:

    currency of payment; interpretation; pension; residence; staff regulations and rules;

    Considerations 5-6

    Extract:

    The complainant cannot be given the benefit of both the weighing factor and the present favourable rate of exchange. The organisation itself misunderstood the combined effect of the applicable provisions. Although the Tribunal criticises the imprecision of these texts, it rejects the complaint, which requests the maintenance of the old [mistaken] calculation that would have given the complainant a much more highly valued pension in local currency.

    Keywords:

    adjustment; currency of payment; exchange rate; pension;

    Consideration 6

    Extract:

    "The Tribunal observes that for some years the organisation itself misunderstood the combined effect of [the] articles [in question]. This is not surprising since the relationship between them is obscure; if they are left as they are, others besides the complainant are likely to be misled."

    Keywords:

    currency of payment; difference; interpretation; pension; provision; staff regulations and rules;



  • Judgment 234


    32nd Session, 1974
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "[T]here can be no claim in respect of currency devaluation as such." But there can be a claim for compensation for the delay in payment. "In the circumstances of [the] case this compensation should be assessed as the diminution in the amount of rupees eventually received by the complainant, the diminution being due to the change in the rupee/dollar rate during the period of delay."

    Keywords:

    administrative delay; amendment to the rules; competence of tribunal; consequence; currency of payment; delay in payment; exchange rate; execution of judgment; injury; judgment of the tribunal; material damages; moral injury; receivability of the complaint;



  • Judgment 209


    30th Session, 1973
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant contends that the payment of his salary in United States dollars and not in Swiss francs was in violation of his terms of appointment. He has no such acquired right. Besides, he had accepted payment in United States dollars for twelve years without protest. The decisions taken by the authorities concerning these payments are not open to discussion in view of a settlement. The Secretary-General was in no way required to reverse those decisions following the devaluation of the dollar and the Tribunal will not interfere with them.

    Keywords:

    acquired right; amendment to the rules; competence of tribunal; currency of payment; exchange rate; salary; terms of appointment;



  • Judgment 16


    5th Session, 1955
    International Institute of Intellectual Co-operation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration (C)

    Extract:

    "The devaluation of currency is a state of things to which all are subject and remains subject, in law, to the principle that in the absence of a revalorisation clause - such a clause soon being considered in many countries as contrary to public policy and therefore invalid - the currency agreed upon or adopted remains such, 'le franc reste le franc'."

    Keywords:

    currency of payment; exchange rate; injury;


 
Last updated: 23.09.2021 ^ top