Judgment 365
41st Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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; adjustment; reckoning; salary;
Consideration 7
Extract:
Vide Judgment 366, consideration 6.
Reference(s)
ILOAT Judgment(s): 366
Keywords:
acquired right; amendment to the rules; contract; definition; provision; staff regulations and rules; terms of appointment;
Consideration 11
Extract:
Vide Judgment 366, consideration 11.
Reference(s)
ILOAT Judgment(s): 366
Keywords:
acquired right; allowance; amendment to the rules; amount; discontinuance; education expenses; home leave; non-resident allowance; payment; refund;
Consideration 10
Extract:
Vide Judgment 366, consideration 10.
Reference(s)
ILOAT Judgment(s): 366
Keywords:
acquired right; pension; pension entitlements; reduction of salary;
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; career; legitimate expectation; promotion; terms of appointment;
Consideration 9
Extract:
Vide Judgment 366, consideration 9.
Reference(s)
ILOAT Judgment(s): 366
Keywords:
acquired right; amendment to the rules; career; promotion; provision; staff regulations and rules;
Judgment 357
41st Session, 1978
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"A staff member may derive an acquired right either from a clause of his contract of appointment or from a provision of the Staff Regulations or the Staff Rules which was important enough to affect the mind of the ordinary applicant when he was considering joining the staff of the organisation." [In the instant case, the provision on compensation for accumulated leave was modified; but there is nothing to suggest that an applicant for a position on the staff would have joined the organisation in reliance on the earlier rule.]
Keywords:
acquired right; amendment to the rules; commutation of accrued leave; contract; provision; staff regulations and rules;
Judgment 323
39th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 34
Extract:
"[W]hen the organization has calculated a payment of salary and announced it, the officials entitled to it acquire a right which the organization has no power to destroy."
Keywords:
acquired right; amount; salary;
Consideration 26
Extract:
"The conception of a legislative enactment, insofar as it applies to matters within the jurisdiction of the Tribunal, means the power to alter unilaterally by general enactment the relationship created by the contract. The Tribunal has recognised this power to the extent that it may affect those terms of the contract which appertain to the structure and functioning of the international civil service and to benefits of an impersonal nature and subject to variation, but not the the extent to which it purports to affect the individual terms and conditions of an official in consideration of which he accepted appointment."
Keywords:
acquired right; amendment to the rules; contract; discretion; judicial review; legislative body; limits; staff regulations and rules;
Judgment 293
38th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"In the opinion of the Tribunal the expression 'acquired right' [...] relates to rights of substance, whose impairment would result in injury, financial or otherwise, to the staff member: it does not embrace matters of nomenclature." The complainant wanted her employment classified as 'permanent' rather than, as under the new nomenclature, 'continuing'.
Keywords:
acquired right; definition;
Consideration 1
Extract:
"It is not disputed that [...] the council of the organization could by means of a resolution supplement or amend the Staff Regulations without prejudice to the acquired rights of staff members."
Keywords:
acquired right; amendment to the rules; competence; decision; executive body; staff regulations and rules;
Judgment 292
38th Session, 1977
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
The Tribunal will not rule whether a rule of application can be amended by an office notice. "It will assume for the purposes of this case that a valid amendment can be made by office notice, provided that: a) the document containing the amendment is made by the Director-General himself; b) the intention to amend is made clear in the document; c) the amendment is clear in its effect; d) the amendment is not deemed effective to deprive an official of essential acquired rights."
Keywords:
acquired right; administrative instruction; amendment to the rules; competence; competence of tribunal; condition; executive head; judicial review; staff regulations and rules;
Judgment 209
30th Session, 1973
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"[O]nly if the [organisation] had upset the whole structure of the complainant's contract or derogated from the basic conditions which might have affected his decision to accept appointment could its action have given rise to the award of compensation."
Keywords:
acquired right; amendment to the rules; definition; terms of appointment;
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 168
25th Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant contends that the provision depriving her of non-local status as a result of marriage is not applicable since she had acquired a right to non-resident status under her initial contracts. The Tribunal will not rule on the acquired right. Even if she had had that right, it did not outlive "the contracts themselves, the latest of which expired before her marriage."
Keywords:
acquired right; amendment to the rules; contract; enforcement; local status; non-local status; provision; staff regulations and rules;
Judgment 167
25th Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Vide Judgment 168, consideration 3.
Reference(s)
ILOAT Judgment(s): 168
Keywords:
acquired right; amendment to the rules; contract; enforcement; local status; non-local status; provision; staff regulations and rules;
Judgment 113
18th Session, 1967
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"As a general rule, amendments made to the Staff Regulations by the competent authority apply forthwith to serving staff members. It is otherwise, however, when the Regulations themselves lay down that the status of staff members in any particular respect is finally settled at a specific date."
Keywords:
acquired right; amendment to the rules; enforcement; exception; provision; staff regulations and rules;
Judgment 81
14th Session, 1965
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The aim of the complaint is to contest, not that the regulations in force at the time of the death were correctly applied, but the validity of the bases on which the amount of the widow's pension was calculated resulting from the application of the new pension arrangement. In the opinion of the complainant, the new arrangement adversely affected the balance of contracted obligations of her husband and infringed the essential terms in consideration of which he had accepted appointment. The validity of the applicable statutory provisions is thus questioned as regards terms of appointment and the legality of the decision which made these provisions applicable in his particular case.
Keywords:
acquired right; amendment to the rules; amount; pension; pension entitlements; staff regulations and rules; successor; survivor's benefit; terms of appointment;
Judgment 80
14th Session, 1965
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Far from citing any non-compliance with the texts in force on the date when her pension became payable, "the complainant asserts that the impugned decision is illegal in that it makes her subject to a system which alters the balance of contractual obligations with respect to her and infringes the conditions which induced her to accept service with [the organisation]". She therefore challenges the validity of the applicable regulations with respect to the conditions of her appointment and the legality of the decision by virtue of which these decisions were made applicable to her individually.
Keywords:
acquired right; amendment to the rules; pension; pension entitlements; provision; staff regulations and rules; terms of appointment;
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 27
Extract:
The payment of family allowances is abolished in certain cases, although the entitlement has simultaneously been extended and the rates increased. The decision-making body, "far from infringing [the complainant's] rights, merely altered the conditions for the grant of family allowances within the framework of a family welfare policy which it is entitled to establish. Moreover, the changes are in general favourable to the interests of those concerned. The complaint is therefore not justified in this respect".
Keywords:
acquired right; amendment to the rules; discretion; family allowance; provision; staff regulations and rules;
Consideration 21
Extract:
"While the adoption of the new pension scheme seriously impaired the complainant's rights, it is impossible to assess the full extent of the impairment at this stage. In particular the Tribunal does not know at what age the complainant will retire and what provisions will then be in force. Therefore the Tribunal cannot now order the [organisation] to pay compensation to the complainant or to guarantee him a particular benefit." However, it recognises the complainant's right to receive those benefits to which he would have been entitled under the old pension scheme and the right if need be to apply once more to the Tribunal.
Keywords:
acquired right; amendment to the rules; amount; consequence; injury; pension; provision; staff regulations and rules;
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:
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;
Judgment 51
8th Session, 1960
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The Staff Regulations [...] are approved by the Council and merely promulgated by the Director-General, whereas the Staff Rules are established by him. It follows that the provisions of the Regulations prevail over those of the Rules and that hence if the entitlement to the amount of the [...] allowance [...] was [...] an acquired right within the meaning of the Regulations, it should be treated as such even though not so recognised under the Rules."
Keywords:
acquired right; allowance; precedence of rules; staff regulations and rules;
Consideration 5
Extract:
The Staff Regulations make provision for amendments to be made to them without prejudice to acquired rights. While the amount of the non-resident's allowance is not a matter of acquired rights, "the entitlement to the allowance actually paid [...] at the former rate constituted an acquired right within the meaning of [the material] Staff Regulation [...] which, under the most restrictive interpretation, has the same scope as the principle of the prohibition of retroactivity." A back-dated reduction of the amount of the allowance is unlawful.
Keywords:
acquired right; amendment to the rules; amount; non-resident allowance; non-retroactivity; provision; reduction of salary; staff regulations and rules;
Judgment 30
6th Session, 1957
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"There can be no acquired rights as regards the relative position of an official within the administrative hierarchy, nor any right to promotion, the latter being within the exclusive authority of the official's superiors".
Keywords:
acquired right; discretion; promotion; right; staff regulations and rules; supervisor;
Judgment 29
6th Session, 1957
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"In fact, the term 'acquired rights' has no other import than that, up to the date of amending the Regulations in force, there shall be no interference with the application of the said Regulations to an official and that the amended Regulations shall have no retrospective effect."
Keywords:
acquired right; amendment to the rules; definition; enforcement; non-retroactivity; provision; staff regulations and rules;
Judgment 1
1st Session, 1947
League of Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"[T]he cost-of-living allowance is a voluntarily granted temporary supplement to the salary paid to the official as provided for in his contract or in the Staff Regulations, and this allowance was granted for one financial year only, [...] therefore the said allowance is not to be considered as forming part of the salary mentioned in [the Staff Regulations]".
Keywords:
acquired right; allowance; salary;
Judgment .03
Sessions of the Administrative Tribunal of the League of Nations, 1946
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
acquired right; equity; general principle;
Judgment .02
Sessions of the Administrative Tribunal of the League of Nations, 1946
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
acquired right; ratione materiae;
Judgment .01
Sessions of the Administrative Tribunal of the League of Nations, 1946
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
acquired right; ratione materiae;
