Judgment No. 365
Decision
THE COMPLAINTS AND THE APPLICATIONS TO INTERVENE ARE DISMISSED.
Consideration 9
Extract:
Vide Judgment 366, consideration 9.
Reference(s)
ILOAT Judgment(s): 366
Keywords
promotion; salary; consequence; increase
Consideration 1
Extract:
Vide Judgment 366, consideration 3.
Reference(s)
ILOAT Judgment(s): 366
Keywords
intervention; receivability of the complaint; condition
Consideration 1
Extract:
Vide Judgment 366, consideration 1.
Reference(s)
ILOAT Judgment(s): 366
Keywords
complaint; claim; identical claims; intervention
Consideration 4
Extract:
Vide Judgment 366, consideration 3.
Reference(s)
ILOAT Judgment(s): 366
Keywords
merger; competence of tribunal; international instrument; staff regulations and rules; amendment to the rules; enforcement; provision
Consideration 9
Extract:
Vide Judgment 366, consideration 9.
Reference(s)
ILOAT Judgment(s): 366
Keywords
acquired right; staff regulations and rules; amendment to the rules; provision; career; promotion
Consideration 7
Extract:
Vide Judgment 366, consideration 6.
Reference(s)
ILOAT Judgment(s): 366
Keywords
acquired right; staff regulations and rules; amendment to the rules; provision; terms of appointment; contract; definition
Consideration 5
Extract:
Vide Judgment 366, consideration 4.
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE ILOAT Judgment(s): 366
Keywords
merger; competence of tribunal; international instrument; enforcement; provision
Consideration 11
Extract:
Vide Judgment 366, consideration 11.
Reference(s)
ILOAT Judgment(s): 366
Keywords
amount; acquired right; amendment to the rules; allowance; education expenses; non-resident allowance; home leave; refund; discontinuance; payment
Consideration 10
Extract:
Vide Judgment 366, consideration 10.
Reference(s)
ILOAT Judgment(s): 366
Keywords
acquired right; pension; pension entitlements; reduction of salary
Consideration 3
Extract:
"Although there have been no oral proceedings, there are no grounds for allowing the complainants' application for permission to submit a further memorandum. The complaints raise purely legal questions which can be settled on the basis of the written evidence alone. The complainants ought to have been aware of that, and in their original memoranda put forward all the pleas which they thought relevant to their case."
Keywords
complainant; tribunal; refusal; additional written submissions
Consideration 8
Extract:
"As to the method of salary adjustment, the complainants do not have an acquired right to application of the methods practised [...]."
Keywords
acquired right; reckoning; salary; adjustment
Consideration 9
Extract:
"It is true that when he takes up employment with an organisation an official may reasonably hope some day to advance in grade and that the rules on promotion create an acquired right in so far as they offer the prospect of advancement. But the substance of the acquired right to promotion is merely the possibility of advancement because it is only on the strength of such a possibility that a staff member may have accepted appointment."
Keywords
acquired right; terms of appointment; career; promotion; legitimate expectation
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