Terms of appointment (249, 251, 252, 253, 968, 254, 255, 256, 257, 258, 259, 260, 261, 262, 264, 265, 266, 267, 268, 269, 270, 271, 945, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 666, 282, 283, 284, 285, 286, 287, 288, 289, 290, 292, 293, 294, 295, 296, 297, 298, 299, 300, 301, 302, 303, 304, 305, 306, 307, 308, 310, 311, 312, 313, 314, 661, 660, 686, 309, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 648, 654, 671, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 677, 378, 379, 380, 381, 382, 649, 383, 384, 385, 386, 387, 388, 491, 492, 493, 494, 495, 496, 497, 500, 501, 502, 503, 504, 505, 506, 836,-666)
You searched for:
Keywords: Terms of appointment
Total judgments found: 123
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Judgment 1035
69th Session, 1990
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant's permanent post was abolished and he was appointed to a temporary one for a period of two years. Any post, whatever its duration or source of funding, may be abolished because of a change of programme. Besides, the organisation had assured him that his post description, status and conditions of service would be the same as before. Under the circumstances the Tribunal finds that the decision has neither infringed his contractual rights nor otherwise affected him adversely.
Keywords:
abolition of post; budgetary reasons; contract; fixed-term; lack of injury; permanent appointment; post; terms of appointment; transfer;
Judgment 1024
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Interpol's Staff Regulations and Staff Rules provide staff members guarantees against the loss of grade or changes to their conditions of service in connection with the headquarters move. The organization having failed to comply in full with those obligations, as a result of which the complainants turned down the offer of transfer, the Tribunal refers the complainants to interpol to determine the compensation to which they are entitled.
Keywords:
downgrading; promise; refusal; staff regulations and rules; terminal entitlements; terms of appointment; transfer; transfer of headquarters;
Judgment 1023
69th Session, 1990
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
See Judgment 1024.
Keywords:
downgrading; promise; refusal; staff regulations and rules; terminal entitlements; terms of appointment; transfer; transfer of headquarters;
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:
"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;
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;
Judgment 986
67th Session, 1989
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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 13
Extract:
"Being neither arbitrator nor mediator, the Tribunal has only a limited power of review [in the area of staff remuneration] and will declare whether the impugned decisions square with general principles, with the Staff Regulations and with the terms of the complainants' appointment."
Keywords:
competence of tribunal; enforcement; general principle; salary; staff regulations and rules; 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 972
66th Session, 1989
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
By virtue of Regulation 1.2 of the WMO Staff Regulations and Staff Rules, "as the executive head of the Organization the Secretary-General is under a duty to lay down and enforce rules that are consistent with the broad principles of policy set out in the Staff Regulations for the staffing and administration of the Secretariat and to ensure respect for the fundamental conditions of service and basic rights of staff members set out in the Rules."
Reference(s)
Organization rules reference: REGULATION 1.2 WMO STAFF REGULATIONS AND STAFF RULES
Keywords:
enforcement; organisation's duties; staff regulations and rules; terms of appointment;
Judgment 910
64th Session, 1988
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"It is not reasonable for a former employee who had been absent for five months to assume that there had been no change in policy affecting the rights of employees during the period of her absence. If the prospect of on-local status was indeed an important factor in her applying for further employment it was incumbent upon her to find out whether the same practice applied as before. Had she done so she would have been told that it did not. Since she failed to do so she may not rely on the organization's failure to inform her of the change since there was no such duty on the organization."
Keywords:
amendment to the rules; duty to inform; local status; non-local status; organisation's duties; practice; terms of appointment;
Judgment 886
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
In Judgment 855, "under 16, the Tribunal upheld its earlier ruling in Judgment 657 of 18 March 1985 [...]: there was nothing improper about applying the eight-year rule, which was indeed in keeping with the Administrative Council's guidelines. [The complainant] had no right to fare better on the strength of a method of reckoning that had been superseded by the time he took up duty, the less so since he had been told of the terms of appointment in force at the time and had consented to them."
Reference(s)
ILOAT Judgment(s): 657, 855
Keywords:
administrative instruction; amendment to the rules; appointment; date; enforcement; professional experience; provision; reckoning; seniority; terms of appointment;
Judgment 881
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"Likewise immaterial are the level and length of the experience [the complainant] says should count, and how long such experience must be to be treated as exceptional under I.1 [of Circular 144]. Such questions arise only where the applicant has no degree but is recruited on the strength of exceptional practical experience."
Reference(s)
Organization rules reference: POINT I.1 OF CIRCULAR 144
Keywords:
appointment; degree; exception; professional experience; subsidiary; terms of appointment;
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 851
63rd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"Some differences will have to be allowed in the content and standard of engineering degrees until there is international standardisation. For an international organisation like the EPO the only fair and practical approach is to demand for an examiner's post the qualifications required for equivalent duties in the applicant's home country."
Keywords:
date; degree; difference; equal treatment; general principle; professional experience; reckoning; seniority; terms of appointment;
Summary
Extract:
The complainant objects to provisions in the new guidelines which discount periods of professional activity to the detriment of staff members on duty at 31 December 1984, since such experience may, in certain cases, be counted in full only for staff recruited after that date. The Tribunal observes that the Circular concerns recruitment and is intended to draw the skilled people needed by the Organisation. Accordingly, the Tribunal finds that the distinction at issue answers a need within the Organisation.
Keywords:
administrative instruction; amendment to the rules; equal treatment; organisation's interest; professional experience; provision; reckoning; seniority; terms of appointment;
Considerations 22-23
Extract:
Circular 144 limits total reckonable experience to twelve years. The purpose of this provision is "to deter late-comers and those who would otherwise hamper the advancement of others who have preferred to spend most of their career in the EPO. [This limit] reflects a reasonable policy on recruitment and career development."
Reference(s)
Organization rules reference: CIRCULAR 144
Keywords:
administrative instruction; career; limits; organisation's interest; professional experience; purpose; reckoning; seniority; terms of appointment;
Judgment 850
63rd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9 and 11
Extract:
The complainant claims that useful experience he gained doing scientific work before receiving the academic degree on the strength of which he was appointed to the Office should count. That degree "is the qualification that determines what prior experience shall count. [...] The complainant may not avail himself of the opportunities provided by the [new] guidelines in favour of staff members who have been admitted as exceptional cases on the strength of their practical experience. The appointment of such staff members presupposes in each case a specific assessment of their experience, and no such assessment is made for university graduates."
Keywords:
administrative instruction; date; degree; equal treatment; professional experience; reckoning; seniority; terms of appointment;
Judgment 832
62nd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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;
Judgment 751
59th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"An international official has an acquired right to the continuance of such terms of employment as determined him to accept employment with the organisation. The terms of his employment may be altered as the interests of efficiency may require, but only provided that those which originally led him to conclude the contract are not disrupted."
Keywords:
acquired right; definition; terms of appointment;
Consideration 5
Extract:
"Not only may the new method of adjusting salary bring about no reduction in salary but the wage 'restraint' may not be more than 1 per cent a year for B staff and o,5 for C staff. The purpose being merely to check increases in pay without lowering basic salary, there was no alteration of the terms of employment such as to infringe any acquired right."
Keywords:
acquired right; adjustment; amendment to the rules; base salary; reduction of salary; salary; terms of appointment;
Judgment 674
56th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant makes unsound objections to the application of guidelines presently in force. An official has no right to demand that rules in force at the time of joining the organisation not be amended. The Tribunal sees no evidence of breach of the principle of equal treatment, as claimed by the complaint. The reason why officials recruited at A.3 and those recruited at A.2 and promoted to A.3 do not fall under the same rule is that their factual positions are not the same.
Keywords:
acquired right; amendment to the rules; equal treatment; promotion; provision; staff regulations and rules; terms of appointment;
Judgment 613
53rd Session, 1984
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant's present contract, converting the original, extended appointment, bears out his original status as a locally recruited member of the general service staff. At the time of signing he was aware of the Organization's position that he had local status. He made no objection until after the contract had come into force. "There is nothing in WHO Rules to oblige the Organization to grant non-local status to someone [...] merely because he is a citizen of a country other than that of the duty station or has been resident in the country of his nationality."
Keywords:
general service category; local status; nationality; non-local status; residence; terms of appointment;
Summary
Extract:
The complainant, a citizen of the United States on a visit to Alexandria, was granted a short-term appointment. That appointment, on the basis of local recruitment, was extended several times. He was then given a fixed-term appointment on the basis of local recruitment. The Tribunal observes that this last contract converted the earlier ones; by signing the contract without making any objection, the complainant accepted his local-recruitment status. The request for non-local status is dismissed.
Keywords:
acceptance; appointment; contract; local status; non-local status; short-term; terms of appointment;
Judgment 551
50th Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The nationals of what may be called the home country of an organisation enjoy because of their nationality advantages denied to the nationals of other countries. [...] It has generally been accepted that an organisation may offer special benefits to staff recruited abroad, since without some compensation such staff would be in a worse position financially than staff recruited in the home country."
Keywords:
equal treatment; nationality; terms of appointment;
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