Judgment 1330
76th Session, 1994
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainants regard as a breach of their acquired rights an amendment to the Staff Regulations whose effect is to confer on the United Nations Administrative Tribunal competence for disputes concerning the reckoning of pensionable remuneration. But the Tribunal "cannot treat an amendment to the rules on competence as 'loss of an essential legal safeguard'. After all, with the new text competence goes to an independent and impartial international administrative tribunal."
Keywords:
acquired right; amendment to the rules; competence; competence of tribunal; pension; pensionable remuneration; right of appeal; safeguard; staff regulations and rules; unat;
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 1241
74th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 24
Extract:
The complainants object to the way of reckoning their premiums under the organization's health insurance scheme in accordance with an amendment to its rules. They allege breach of acquired rights. "The organization has not discriminated against them: far from it. Its purpose was to remove an unfair advantage the rules used to confer on them. Such corrective action may not be treated as breach of acquired rights even if the advantage was enjoyed for a long time."
Keywords:
acquired right; amendment to the rules; budgetary reasons; contributions; equal treatment; health insurance; illness; insurance; social solidarity; written rule;
Judgment 1239
74th Session, 1993
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
WIPO has repealed former Staff Regulation 3.1, which ensured that officials, in case of fluctuation in the exchange rate between the United States dollar and the Swiss franc, would get paid a "differential" to compensate for loss in the value of the dollar. "On the whole the arrangements under the common system afford a reasonable degree of compensation for the risks inherent in fluctuations in the dollar exchange rate. There is therefore no breach of the staff's acquired rights in the organization's decision, following adoption of the general assembly's resolutions and so as to conform with the rules of the common system, to cancel a particular benefit it had earlier granted to its staff. As is held in Judgment 1241 of this day [...], a benefit granted at a particular point in time to a staff member or a group of staff members may not indefinitely preclude reforms that are in the general interest."
Reference(s)
Organization rules reference: FORMER WIPO STAFF REGULATION 3.1
ILOAT Judgment(s): 1241
Keywords:
acquired right; case law; coordinated organisations; discontinuance; exchange rate; general assembly resolution; rule of another organisation; safeguard; salary; staff regulations and rules; tribunal;
Judgment 1226
74th Session, 1993
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3, 7 and 8
Extract:
The complainants challenge decisions by the Director-General confirming the abolition of free after-service medical cover. They allege breach of acquired rights and contend that the FAO's financial position did not warrant such measures. "The Tribunal will not compare the options open to the FAO in the area of financial policy since it might ignore the realities that the FAO has to take into account. All the Tribunal need do is acknowledge that it was because of the financial plight of the scheme and its own that the organization decided to do away with free coverage for pensioners. The change does cause the complainants detriment. [...] But that alone does not amount to breach of any acquired right. First, the effect of the change was to put all fao pensioners on a par. [...] Secondly, there were transitional measures to lighten the impact of the change [...]. Since the change was made by way of rules, and because of the reasons for it, the complainants have suffered no breach of any acquired right despite the injury to their interests."
Keywords:
acquired right; amendment to the rules; budgetary reasons; discretion; grounds; health insurance; insurance; judicial review; limits; medical expenses; organisation's interest; social benefits; staff regulations and rules;
Consideration 3
Extract:
Vide Judgment 832.
Reference(s)
ILOAT Judgment(s): 832
Keywords:
acquired right; amendment to the rules; breach; budgetary reasons; case law; cause; contract; criteria; staff regulations and rules;
Judgment 1199
73rd Session, 1992
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The doctrine of acquired rights was stated in Judgment 832. An acquired right is one the staff member may expect to survive any amendment of the rules. But in each case the issue is whether the amended term of appointment is fundamental or not. The first point is to determine whether the essence of the terms of appointment has altered, the second to assess the reasons for the change."
Reference(s)
ILOAT Judgment(s): 832
Keywords:
acquired right; amendment to the rules; case law; cause; definition; staff regulations and rules;
Consideration 6
Extract:
The complainants plead breach of their acquired rights concerning pay. "In this case the changes were made because of shifts in economic trends and tax rules in the United States [...] The competent authorities [...] decided in the exercise of their discretion to keep the link with the civil service of the member State - the United States - that is customarily the 'comparator' in determining pay in the international civil service. Their solution is not intrinsically unlawful."
Reference(s)
ILOAT Judgment(s): 832
Keywords:
acquired right; amendment to the rules; discretion; domestic law; general principle; noblemaire principle; reckoning; salary; scale;
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 1123
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Officials of Eurocontrol do not have an acquired right to alignment of pay with the scales of the European Communities. The Tribunal observes that "there has never been anything but de facto alignment, and it has never been absolute anyway. Besides, even if it had been, the organisation made no express or implied commitment to continuing it. The practice has conferred no right on the staff to the continuance of parity."
Keywords:
acquired right; enforcement; law of european communities; practice; salary;
Judgment 1118
71st Session, 1991
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 20
Extract:
Vide Judgment 1123, consideration 5.
Reference(s)
ILOAT Judgment(s): 1123
Keywords:
acquired right; enforcement; law of european communities; practice; salary;
Judgment 1084
70th Session, 1991
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"A right will be acquired when he who has it may expect it to be respected notwithstanding any amendment of written rules. One instance is where the right arises under a clause of the contract that the parties intend should be inviolate. Not all contractual rights are acquired rights: the parties must have expressly or by implication precluded the possibility of impairing them." Inasmuch as the change in the complainant's title made no difference to the level of his duties and responsibilities, to the nature of his work or his salary, the Tribunal found no breach of an acquired right. He therefore sustained no appreciable injury.
Keywords:
acquired right; amendment to the rules; contract; definition; lack of injury; title of post;
Judgment 1025
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The Tribunal has already declared that rules on promotion do confer an acquired right insofar as they offer staff an expectation of advancement. But the particular arrangements for the grant of promotion confer no such right because on recruitment staff cannot foretell how they will fare in their career. [...] In any event an organisation may change the rules on promotion for the sake of efficiency and so as to cope with changing circumstances."
Keywords:
acquired right; amendment to the rules; career; promotion;
Judgment 1022
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant relies on an acquired right to three months' notice as stipulated in her contract. The organization gave her six months' notice. "There is an acquired right only where an amendment to the material rules that is to the official's detriment disrupts the structure of the contract or impairs the fundamental terms of employment that induced him to take up duty with the organization." That condition is plainly not met in the instant case.
Keywords:
acquired right; contract; notice; termination of employment; terms of appointment; time limit;
Judgment 1021
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Vide Judgment 1022, consideration 5.
Reference(s)
ILOAT Judgment(s): 1022
Keywords:
acquired right; contract; notice; termination of employment; terms of appointment; time limit;
Judgment 1020
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
According to Article 53 of the Staff Regulations, those regulations may be amended or supplemented only "without prejudice to the rights the organization's officials have acquired" thereunder. That is an affirmation of the rule that an official "may plead an acquired right not only where it is contractual but even when staff regulations have been amended."
Reference(s)
Organization rules reference: ARTICLE 53 OF INTERPOL STAFF REGULATIONS
Keywords:
acquired right; amendment to the rules; contract; staff regulations and rules;
Consideration 13
Extract:
"Since the Tribunal may not review the policy decision to move to Lyon the only effect it can give to the doctrine of acquired rights as recognised by Interpol is to determine whether the arrangements for carrying out the move were properly objective. Since the transfer did disrupt the lives of its staff, the organization had a duty to ensure that there was no undue or pointless detriment to their interests. The consequences of the change which the transfer brought in the conditions of their employment are to be gauged against cardinal principles such as equality of treatment, good faith and the rule against retroactivity".
Keywords:
acquired right; amendment to the rules; equal treatment; general principle; good faith; judicial review; non-retroactivity; organisation's duties; terms of appointment; transfer of headquarters;
Consideration 13
Extract:
"Interpol would have acted in breach of an official's acquired rights had it required him to choose between compulsory transfer and straightforward resignation, together with the consequences of resignation."
Keywords:
acquired right; resignation; transfer; transfer of headquarters;
Consideration 13
Extract:
Article 2 of section 2 of Appendix VII of the Staff Rules is headed "Officials of the organization who have an acquired right with regard to the location of their duty station". The Tribunal holds that "the text is not to be taken literally. It cannot mean that the organization needs its staff's consent to decide on a matter like the transfer of its headquarters. A decision of that kind is inherently immune to review."
Reference(s)
Organization rules reference: ARTICLE 2 OF SECTION 2 OF APPENDIX VII OF INTERPOL STAFF RULES
Keywords:
acquired right; competence of tribunal; transfer of headquarters;
Judgment 1019
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
Vide Judgment 1020, consideration 13.
Reference(s)
ILOAT Judgment(s): 1020
Keywords:
acquired right; amendment to the rules; equal treatment; general principle; good faith; judicial review; non-retroactivity; organisation's duties; terms of appointment; transfer of headquarters;
Consideration 11
Extract:
Vide Judgment 1020, consideration 13.
Reference(s)
ILOAT Judgment(s): 1020
Keywords:
acquired right; resignation; transfer; transfer of headquarters;
Consideration 11
Extract:
Vide Judgment 1020, consideration 13.
Reference(s)
Organization rules reference: ARTICLE 2 OF SECTION 2 OF APPENDIX VII OF THE THE INTERPOL STAFF RULES
Keywords:
acquired right; competence of tribunal; transfer of headquarters;
Consideration 11
Extract:
Vide Judgment 1020, consideration 13.
Reference(s)
Organization rules reference: ARTICLE 53 OF THE INTERPOL STAFF REGULATIONS
ILOAT Judgment(s): 1020
Keywords:
acquired right; amendment to the rules; contract; staff regulations and rules;
Judgment 986
67th Session, 1989
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 22
Extract:
"A decision taken after the one impugned may, if more favourable, repeal it with retroactive effect, the decision- maker being empowered to withdraw the earlier decision so long as he does not thereby offend against the rights of any third party. The withdrawal may be likened to reversal, and if there happens to be an appeal pending there will be no cause of action."
Keywords:
acquired right; consequence; limits; settlement out of court; withdrawal of decision;
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;
Considerations 23-24
Extract:
The Tribunal holds that as a result of the further reduction in pensionable remuneration brought in on 1 April 1987 the complainants are "worse off, to an extent [...] that goes beyond the bounds of the ILO's discretionary authority"; the reduction is in breach of the essential terms of their employment. The Tribunal quashes the impugned decisions and makes the following ruling of principle: "if the amount of the pension each of them gets when the 1987 scale is taken into account proves to be at least 3 per cent lower than the amount he or she gets when it is not, compensation shall be due for any loss over and above the 3 per cent."
Keywords:
acquired right; breach; pension; pensionable remuneration; reduction of salary; scale; terms of appointment;
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;
Consideration 3
Extract:
"Even when there has been amendment of Staff Regulations there will be breach of an acquired right that warrants setting the decision aside if the altered term of appointment is 'fundamental' and 'essential'."
Keywords:
acquired right; amendment to the rules; definition; staff regulations and rules; terms of appointment;
Judgment 960
66th Session, 1989
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The purpose of the present complaint is the same as the purpose of the complaints which lead to Judgment 832. The rationale of that judgment and the ruling hold good. The Tribunal declares that "the ILO acted lawfully in adopting the new scale as from 1 April 1985, its decision was not in breach of any promise and did not have retroactive effect, and although it did cause the complainant financial injury the reasons were objective and the extent of the injury admissible."
Reference(s)
ILOAT Judgment(s): 832
Keywords:
acquired right; amendment to the rules; non-retroactivity; pension; pension entitlements; pensionable remuneration; reduction of salary; scale;
Judgment 952
66th Session, 1989
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
WHO Manual provision II.2.430.2 was amended so as to restrict the possibility of having adopted blood relatives treated as dependants. The complainant submits that the amendment infringed an acquired right. The Tribunal held that "the right which the amendment removed cannot be deemed to have constituted any essential part of the complainant's terms of appointment, and the allegation of breach of an acquired right is therefore unsound."
Reference(s)
Organization rules reference: WHO MANUAL PROVISION II.2.430.2
Keywords:
acquired right; adoption; amendment to the rules; dependant; dependent child; family relationship; provision; staff regulations and rules;
Judgment 862
63rd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
Article 3.1.1.2 of the ILO Staff Regulations provides for periodic adjustments to pensionable remuneration. The application of this regulation was suspended effective 1 April 1985. The complainants argue that the absence of an adjustment on 1 April 1986 breaches their acquired rights. "The complainants say they cannot put a figure on the loss sustained but they submit a table showing losses that range from 13 to 39 per cent according to grade. The table does not distinguish between loss due to the measures of which the Tribunal was informed in the earlier proceedings - and which it declared lawful - and loss alleged to be due to the failure to revise the scale on 1 April 1986. So in any event the Tribunal cannot but endorse its ruling in Judgment 832 under 16." The complaints are dismissed.
Reference(s)
Organization rules reference: ARTICLE 3.1.1.2 OF THE ILO STAFF REGULATIONS
ILOAT Judgment(s): 832
Keywords:
acquired right; adjustment; amount; breach; date; difference; enforcement; grade; injury; pension; pension entitlements; pensionable remuneration; provision; reckoning; res judicata; staff regulations and rules; subsidiary; suspensive action;
Judgment 860
63rd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
As to identity in the cause of action, Mr [A.] notes that the Tribunal had in part rejected the complainants' plea of breach of good faith on the grounds that they had taken up duty after the new criteria had taken effect. Mr [A.] contends that this reasoning does not apply to him insofar as he had taken up duty before the change in rules. The Tribunal acknowledges that there is on this point a new cause of action; however it holds on the merits that a staff member has no right, save in exceptional cases, to demand that the rules on promotion in force at the time of appointment should never be modified.
Reference(s)
ILOAT Judgment(s): 657
Keywords:
acquired right; amendment to the rules; application for review; appointment; date; effective date; general principle; good faith; practice; promotion; provision; receivability of the complaint; res judicata; same cause of action; terms of appointment;
Judgment 832
62nd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 15
Extract:
"The reckoning of the pension depends on such factors as the cost of living, currency rates and rates of tax in the country of the pensioner's residence. Those are variables that may preclude the creation of acquired rights. The financial plight of the fund has over the years become alarming."
Keywords:
acquired right; cost-of-living increase; effect; exchange rate; pension; pension entitlements; reckoning; tax; unjspf;
Consideration 14
Extract:
"The first [test] is the nature of the altered term. It may be in the contract or in the Staff regulations or Staff Rules or in a decision, and whereas the contract or a decision may give rise to acquired rights the Regulations and Rules do not necessarily do so. The second test is the reason for the change. It is material that the terms of appointment may often have to be adapted to circumstances, and there will ordinarily be no acquired right when a rule or a clause depends on variables such as the cost-of-living index or the value of the currency. Nor can the finances of the body that applies the terms of appointment be discounted. The third test is the consequence of allowing or disallowing an acquired right. What effect will the change have on staff pay and benefits ? And how do those who plead an acquired right fare as against others?"
Keywords:
acquired right; amendment to the rules; contract; cost-of-living increase; definition; equal treatment; exchange rate; provision; staff regulations and rules; terms of appointment;
Consideration 16
Extract:
While rejecting the complainants' plea of breach of acquired rights regarding their pensions, the Tribunal holds that "they may ask the ILO to accept restraint in its dealings with staff. An international organisation should refrain from any measure which is not warranted by its normal functioning or the need for competent staff. It is bound by the general principles of law such as equality, good faith and non-retroactivity. It will act from reasonable motives and avoid causing unnecessary or undue injury."
Keywords:
acquired right; decision; grounds; international civil service principles; organisation's duties; pension;
Consideration 15
Extract:
"International civil servants quite understandably put stock in their retirement benefits and quite rightly want an income that, even if it will not sustain the same standard of living, will at least be comfortable. The decisions impugned do mar the outlook, in some cases seriously. But that is not enough to establish breach of an acquired right."
Keywords:
acquired right; amendment to the rules; amount; breach; grounds; lack of evidence; official; retirement; separation from service; social benefits;
