Judgment No. 1446
Decision
THE COMPLAINT IS DISMISSED.
Consideration 13
Extract:
"The precedents have it that a right is 'acquired' when someone who has it may, because of its fundamental importance to the balance of rights and duties that define the relationship of employment, demand that it be respected not withstanding any amendment to the rules: see Judgments 61, 368 [...], 832, 986 [...] and, under 6, 1330 [...]."
Reference(s)
ILOAT Judgment(s): 61, 368, 832, 986, 1330
Keywords
case law; acquired right; staff regulations and rules; amendment to the rules; terms of appointment; contract; condition
Consideration 13
Extract:
The case law says that "no benefit - not even a long-standing one - may be treated as an acquired right if it has no logical basis: see Judgment 1241 [...] under 24. "
Reference(s)
ILOAT Judgment(s): 1241
Keywords
case law; acquired right; condition
Consideration 13
Extract:
It is "worth recalling [...] that the increases at issue [...] offend against the norms of the 'common system', which are binding on any organisation that belongs: see Judgments 1239, [...] under 7 and 8, and 1265, [...] under 36."
Reference(s)
ILOAT Judgment(s): 1239, 1265
Keywords
applicable law; case law; rule of another organisation; coordinated organisations; binding character
Consideration 15
Extract:
The grant of an increase for merit is discretionary under Staff Rule 555.1. "By its very nature such a provision cannot confer an acquired right."
Reference(s)
Organization rules reference: WHO STAFF RULE 555.1
Keywords
acquired right; staff regulations and rules; increment; discretion; condition
Considerations 16-17
Extract:
The material issue is whether abolition of the entitlement to a step increase for long service infringed an acquired right by interfering with a fundamental term of service that led the complainants to accept employment. "The Tribunal holds that the prospect of increases in emoluments after 20, 25, 30 and 35 years of satisfactory service was too remote to influence seriously the mind of the ordinary applicant in deciding to accept appointment [within the organization]".
Keywords
complainant; acquired right; staff regulations and rules; amendment to the rules; terms of appointment; increment; seniority; satisfactory service; contract; acceptance
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