Judgment No. 368
Decision
THE COMPLAINTS ARE DISMISSED.
Consideration 7
Extract:
Vide Judgment 371, consideration 8.
Reference(s)
ILOAT Judgment(s): 371
Keywords
amount; acquired right; amendment to the rules; reckoning; allowance; education expenses; non-resident allowance; home leave; discontinuance; payment
Consideration 4
Extract:
"What the complainants are really seeking is not the revocation of an international agreement but payment of financial benefits by [the organisation]. They have acted correctly in filing their complaints against the [organisation] itself, not against any one state. Hence the plea that the complaints are irreceivable because the [organisation] is not the true defendant must fail."
Keywords
complaint; receivability of the complaint; international instrument
Consideration 3
Extract:
Vide Judgment 371, consideration 2.
Reference(s)
ILOAT Judgment(s): 371
Keywords
competence of tribunal; international instrument; enforcement; provision
Consideration 8
Extract:
"The principle of equality means that where the facts are the same the treatment is the same."
Keywords
general principle; equal treatment
Consideration 7
Extract:
There is no acquired right to the amount and method of calculation of an indemnity; a staff member should expect amendments to be made. The reduction in the indemnity "does not infringe any right which was of decisive importance to [the complainants] in accepting appointment and which may be regarded as acquired. Moreover, there is no clause in their contract which even tacitly guaranteed them any such right."
Keywords
amount; acquired right; amendment to the rules; terms of appointment; reckoning; allowance; reduction of salary
Consideration 6
Extract:
Vide Judgment 372, consideration 4.
Reference(s)
ILOAT Judgment(s): 372
Keywords
acquired right; staff regulations and rules; amendment to the rules; provision; terms of appointment; contract; definition
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