Budgetary reasons (380,-666)
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Keywords: Budgetary reasons
Total judgments found: 50
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Judgment 1659
83rd Session, 1997
European Free Trade Association
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
Having lost three out of seven members and having a "working budget that was but a fraction of what it had been before, it was therefore only reasonable for [EFTA] to consider overhauling the Secretariat and go ahead with the abolition of units and then of posts. [...] It was the EFTA Council of seven member States that resolved to wind up the Secretariat, pay off the permanent employees and let fixed-term appointments run out. It saw that as the only proper course because of political uncertainty and lack of money to pay the staff after 30 June 1995. The seven States also wanted to safeguard the freedom of the four remaining members to set up a smaller Secretariat which matched the smaller membership. There was no mistake of law in the Council's reasoning."
Keywords:
abolition of post; budgetary reasons; discretion; judicial review; member state; non-renewal of contract; organisation; reorganisation; separation from service; termination of employment;
Judgment 1641
83rd Session, 1997
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7(c)
Extract:
"Though an organisation must observe acquired rights and keep binding promises, it has broad discretion to amend its Staff Regulations either directly or by incorporating the rules of the common system. In the present economic context and if, like many others, it is in financial straits, it may want to cut costs. There is nothing wrong with the common system's having rules that enable it to do so."
Keywords:
acquired right; amendment to the rules; budgetary reasons; coordinated organisations; discretion; limits; organisation; organisation's duties; organisation's interest; promise; purpose; reduction of salary; staff regulations and rules;
Consideration 4
Extract:
The Tribunal holds that "if [the rules for reckoning post adjustments] reflect the current state of the employment market and the financial straits that some organisations are in, the Commission and the Organization may not be held liable on that account."
Keywords:
adjustment; budgetary reasons; decision; icsc decision; organisation; salary; scale;
Judgment 1522
81st Session, 1996
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The organization has "discharged its duty to take an express decision duly giving its reasons for not reinstating him. Its decision [not to reinstate him] takes seriatim all the posts he might have been appointed to. It explains the reasons of fact or law why it came to the view that his training, experience or grasp of languages or the need for special skills disqualified him for some posts. The reasons why he was not appointed to others had to do with the budget, some posts being 'frozen'. Or else the reasons were administrative: for example the Appointment and Promotion Board was not in favour, or the organization gave priority to a permanent employee."
Keywords:
advisory opinion; application for execution; budgetary reasons; due process; duration of appointment; duty to substantiate decision; judgment of the tribunal; judicial review; knowledge of languages; organisation's duties; permanent appointment; priority; professional experience; promotion board; qualifications; refusal; reinstatement; selection board; training;
Judgment 1241
74th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
The complainants object to the way of reckoning their premiums "the change the complainants object to is part of wider reforms the WHO made to put the scheme on a sounder financial footing over the long term. The Organization is right to pursue that aim by all suitable means at its disposal, and they include measures to ensure that, in keeping with the notion of mutual aid, everyone bears a fair share of costs."
Keywords:
amendment to the rules; budgetary reasons; contributions; illness; insurance; scale; social solidarity; written rule;
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 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 1131
71st Session, 1991
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The Tribunal's "power of review is limited. It may not supplant an organisation's view with its own on such matters as a restructuring of posts or redeployment of staff intended to make savings or improve efficiency. Nor may it consider whether abolishing a post was the right thing to do. But it will interfere with any decision that was taken without authority [etc]".
Keywords:
abolition of post; budgetary reasons; competence of tribunal; discretion; judicial review; reorganisation;
Consideration 2
Extract:
In keeping with a resolution adopted by the General Conference in response to budgetary constraints UNESCO had to make staff cuts. "According to the definition of its competence in its Statute, the Tribunal will not review the policy followed by the Director-General in furtherance of the Conference's decision. It will, however, consider whether there was any flaw in the Director-General's exercise of his authority in an individual case."
Keywords:
abolition of post; budgetary reasons; competence of tribunal; decision; enforcement; executive head; general decision; individual decision; judicial review; legislative body;
Judgment 1129
71st Session, 1991
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"There will indeed be misuse of authority where an administration acts for reasons that are extraneous to the organisation's best interests and seeks some objective other than those which the authority vested in it is intended to serve." There is no evidence that the organization, which followed the prescribed procedure and did its utmost to find another post for the complainant, dismissed him for reasons other than those linked to the financial crisis it was facing.
Keywords:
abolition of post; abuse of power; budgetary reasons; definition; grounds; misuse of authority; organisation's interest; procedure before the tribunal; reassignment; termination of employment;
Consideration 6
Extract:
The complainant's post was abolished for reasons of financial stringency. According to Circular 1583 proposals to abolish a post must come from the competent Assistant Director-General. In this case the Assistant Director-General did not specifically name the complainant's post. He merely abolished the division which the complainant headed. It being impossible for the Director's post to survive after abolition of a division to direct, the allegation of a procedural flaw fails.
Reference(s)
Organization rules reference: CIRCULAR NO. 1583
Keywords:
abolition of post; administrative instruction; budgetary reasons; competence; decision-maker; procedural flaw; procedure before the tribunal; termination of employment;
Judgment 1116
71st Session, 1991
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant submits that the decision not to renew his appointment was tainted with breach of his right of defence since he failed to get a copy of a report concerning him by the Joint Disciplinary Committee. The Tribunal observes that such reports are confidential under Rule 110.2(e). "Besides, the report is immaterial, even in the present context, because the Committee recommended no disciplinary action and the stated reasons for termination were financial stringency and abolition of post."
Reference(s)
Organization rules reference: UNESCO STAFF RULE 110.2(E)
Keywords:
abolition of post; advisory body; budgetary reasons; confidential evidence; contract; disclosure of evidence; fixed-term; lack of injury; non-renewal of contract; report; right to reply;
Considerations 6-7, Summary
Extract:
The complainant argues that his post was not abolished for reasons of financial stringency. What he alleges prompted his dismissal was a desire to get rid of him, and that led to abuse of authority. He cites as evidence of this UNESCO's extension of his appointments over a five-year span for only very short periods. The Tribunal finds no evidence of liability on UNESCO's part: the organization did its utmost to seek other employment for him.
Keywords:
abolition of post; abuse of power; budgetary reasons; lack of evidence; misuse of authority; reassignment; successive contracts; termination of employment;
Judgment 1082
70th Session, 1991
Intergovernmental Council of Copper Exporting Countries
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
"By virtue of their contractual relationship and the trust that therefore prevails between them, an organisation owes its employee a duty to declare its intention of dismissing him and to let him plead his case. The principle is asserted in Judgment 907 [...] under 4. Although the complainant presumably knew of the CIPEC's plight and the need for reform she was never told of the intention of dismissing her."
Reference(s)
ILOAT Judgment(s): 907
Keywords:
abolition of post; budgetary reasons; duty to inform; flaw; organisation's duties; right to reply; termination of employment;
Judgment 1044
69th Session, 1990
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"Whether to renew a fixed-term appointment is a discretionary decision, and the Tribunal may not set it aside unless it was taken without authority, or in breach of a rule of form or of procedure, or unless it was based on a mistake of fact or of law, etc." The organization's financial difficulties constituted a proper basis on which to base the decision not to extend her appointment.
Keywords:
budgetary reasons; contract; discretion; fixed-term; judicial review; non-renewal of contract;
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 946
65th Session, 1988
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"The need for savings affords no proper excuse for breach of the principles that protect the staff against arbitrary decision-making."
Keywords:
abolition of post; budgetary reasons; contract; discretion; fixed-term; limits; non-renewal of contract;
Judgment 581
51st Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"It is not for the Tribunal to question the decision of the [organisation's] Executive Committee that there should be a reduction in force because of budgetary considerations. This is not the function of the Tribunal." It is competent to hear complaints alleging non-observance of the terms of appointment or provisions of Staff Regulations. "There being no suggestion that the reduction in force was merely a device to effect the unjustifiable removal of the complainant, the Tribunal will not, therefore, review the correctness of the [...] decision to reduce the staff".
Keywords:
abolition of post; budgetary reasons; judicial review; staff reduction;
Judgment 577
51st Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The decision not to renew the complainant's contract was taken in the framework of economy measures requiring the abolition of certain posts. The complainant was not qualified to hold any of the vacant posts available [...] and his linguistic skills were insufficient to [permit] alternative employment [to be obtained] for him. His allegation of discrimination is, in the circumstances, unfounded."
Keywords:
abolition of post; budgetary reasons; condition; contract; fixed-term; non-renewal of contract; qualifications; reassignment;
Judgment 534
49th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
In case of financial difficulties, transfers must be considered to keep down the number of dismissals. Staff Regulations and the terms of individual staff members' contracts limit the discretion of the Director-General. "The executive head may not of his own accord alter the staff member's grade, reduce his salary or injure his dignity."
Keywords:
budgetary reasons; discretion; transfer;
Judgment 495
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6 and 8
Extract:
The complainant worked "on different projects for which money had to be found in the annual budget. This could not always be done by a regular allocation. It might have to be done by what is referred to as 'creative budgeting', i.e. the use of savings made within the regular budget and supplemented perhaps by money procured from external sources, e.g. international foundations." It was decided to terminate the contract. "On the whole the Tribunal is not satisfied that funds were not or could not have been made available for some extension."
Keywords:
budgetary reasons; contract; fixed-term; judicial review; non-renewal of contract; project personnel;
Judgment 414
44th Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The organisation experienced financial difficulties and reduced the number of posts. Efforts were made to reassign the complainant, whose contract without limit of time had been replaced by a fixed-term appointment. The "lack of success [of these efforts] does not mean that the [organisation] failed in its obligations. indeed it was only to be expected in the circumstances. [...] There is no evidence to suggest that it appointed staff members less well qualified than he to duties which might have suited him."
Keywords:
abolition of post; amendment to the rules; budgetary reasons; contract; duration of appointment; fixed-term; organisation's duties; permanent appointment; reassignment; staff reduction;
Judgment 404
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"There was one consideration which alone warranted the non-renewal of [the complainant's] appointment. That was the organisation's straitened financial circumstances [...] which required a reduction in staff. It was no abuse of authority for the Director-General to decide that, of those whose appointment the organisation was considering terminating, the choice should fall on the complainant: she held a fixed-term appointment and had received less satisfactory performance reports than other members of the staff."
Keywords:
budgetary reasons; contract; fixed-term; grounds; non-renewal of contract; staff reduction; unsatisfactory service;
Judgment 391
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 7 and 15
Extract:
The organisation imposed four unpaid days of leave on officials. The decision "was [...] true to the aims of [the organisation] which, in the interests of workers, not only safeguards their employment but protects its terms." It was not contrary to the interests of the organisation. "Although it was not of benefit to Member States, it was in keeping with the [organisation's] aims, and so with its interests as construed by its founders."
Keywords:
budgetary reasons; compensatory measure; deduction; leave; organisation's interest; reduction of salary; salary;
Consideration 7
Extract:
"It is [...] quite within the realm of possibility that, had the parties, at the time when the contracts of employment were concluded and revised, envisaged the straitened circumstances in which the [organisation] was [...] to be placed, they would not have treated the agreed salary as inviolate. On the contrary, they would have consented to its slight and temporary reduction [four unpaid days of leave over a period of six months]. In other words, the complainants have failed to prove any breach of acquired rights."
Keywords:
acquired right; amount; budgetary reasons; reduction of salary; salary; terms of appointment;
Judgment 351
41st Session, 1978
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
There is no evidence that the dismissal in question was based on reasons extraneous to the interests of the organization or was tainted with abuse of authority. The organization maintains that the measure was due solely to the savings which it must now make. "The Tribunal may neither pass judgment on a policy which falls within the sole competence of the [organization] nor review action taken in pursuance of that policy."
Keywords:
budgetary reasons; contract; discretion; fixed-term; judicial review; non-renewal of contract; organisation's interest;
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