Amendment to the rules (233,-666)
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Keywords: Amendment to the rules
Total judgments found: 214
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Judgment 952
66th Session, 1989
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
WHO Manual provision II.2.430.2 was amended so as to restrict the possibility of having adopted blood relatives treated as dependants. The complainant submits that the amendment infringed an acquired right. The Tribunal held that "the right which the amendment removed cannot be deemed to have constituted any essential part of the complainant's terms of appointment, and the allegation of breach of an acquired right is therefore unsound."
Reference(s)
Organization rules reference: WHO MANUAL PROVISION II.2.430.2
Keywords:
acquired right; adoption; amendment to the rules; dependant; dependent child; family relationship; provision; staff regulations and rules;
Judgment 936
65th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
"The conclusion is that the Council's approval of the new scales is null and void for two reasons: because no reasons for it are stated, and because it takes into account a factor, the Dutch levy, that the rules in force in the organisation do not provide for."
Keywords:
amendment to the rules; breach; decision; deduction; duty to substantiate decision; executive body; grounds; provision; reduction of salary; salary; scale; staff regulations and rules; written rule;
Judgment 929
65th Session, 1988
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
For several years the complainants have been trying to obtain review of the description and grading of their posts. Their claims have all been rejected. The Tribunal was satisfied that on the evidence the description of their duties was out of date. In the circumstances the organization committed a mistake of law by refusing to carry out the requested review.
Keywords:
amendment to the rules; elements; flaw; judicial review; post classification; post description;
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;
Consideration 10
Extract:
"The complainant was recruited from the British Office before the guidelines in Circular 144 came in but in the
course of a period in which the guidelines had retroactive effect. For the reasons stated in Judgment 855 under 12
and 13, the Tribunal holds that he was governed by the rules in force before Circular 144 and at the time of his
recruitment."
Reference(s)
Organization rules reference: CIRCULAR 144
ILOAT Judgment(s): 855
Keywords:
administrative instruction; amendment to the rules; appointment; consequence; date; enforcement; provision; transitional measures;
Judgment 884
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant seeks to have his professional experience reckoned anew. He contends that new guidelines supersede the rule precluding the reckoning of experience gained before the age of twenty-five. The Tribunal holds that, although replacement of the rule has been proposed, "until a decision has been taken by the competent authority the 25-year rule remains in force."
Keywords:
administrative instruction; age limit; amendment to the rules; condition; professional experience; proposal; provision; reckoning; seniority;
Judgment 869
63rd Session, 1987
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19(C)
Extract:
"The organization [has] failed to prove that the complainant knew or ought to have known of the change in the operation of the provision." It concerned paragraph 315.323 of the FAO Manual on withholding salary increments.
Keywords:
amendment to the rules; burden of proof; duty to inform; enforcement; lack of evidence; provision; staff regulations and rules;
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
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;
Judgment 832
62nd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
As a result of the adoption of a new scale of pensionable remuneration, Article 3.1.1 of the ILO Staff Regulations was amended. "The complainants' case does not rest on breach of any term of their contracts or of any provision of the Staff Regulations. What they are saying is that as applied to them Article 3.1.1 of the Regulations impairs their acquired rights. Their complaints will therefore be receivable if the application of 3.1.1 does cause them injury."
Reference(s)
Organization rules reference: ARTICLE 3.1.1 OF THE ILO STAFF REGULATIONS
Keywords:
amendment to the rules; cause of action; competence of tribunal; condition; enforcement; general decision; individual decision; injury; pension; pensionable remuneration; provision; receivability of the complaint; scale; staff regulations and rules;
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;
Consideration 15
Extract:
"International civil servants quite understandably put stock in their retirement benefits and quite rightly want an income that, even if it will not sustain the same standard of living, will at least be comfortable. The decisions impugned do mar the outlook, in some cases seriously. But that is not enough to establish breach of an acquired right."
Keywords:
acquired right; amendment to the rules; amount; breach; grounds; lack of evidence; official; retirement; separation from service; social benefits;
Judgment 822
62nd Session, 1987
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The grants [the complainant] is claiming under [his new] contract are those which were payable on the cancellation of an indefinite contract under the rules in force 'on this day'. The Tribunal takes that expression to denote [...] the date on which the letter was signed, not [...] the date when the complainant left on the expiry of his contract."
Keywords:
amendment to the rules; date; enforcement; interpretation; provision; staff regulations and rules; terminal entitlements;
Judgment 818
62nd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant may "impugn the decision because it was based on a new method of reckoning. The change is of such a kind as to warrant challenging a method that has the effect of revising the system of steps within grade."
Keywords:
amendment to the rules; cause of action; general decision; professional experience; provision; receivability of the complaint; reckoning; seniority;
Consideration 4
Extract:
"The Tribunal will [...] consider [...] whether the purpose or even the mere effect of the rule is to put some members of the staff at a severe disadvantage. If the new method of reckoning seniority did have that effect the Tribunal would have to see whether it was warranted by broader considerations, the organisation being allowed a large degree of discretion in the matter."
Keywords:
amendment to the rules; discretion; equal treatment; judicial review; professional experience; provision; reckoning; seniority; staff regulations and rules;
Judgment 792
60th Session, 1986
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The Tribunal refers to the principle laid down in Judgment no. 767: the administration may alter its procedure, "but the change must be properly made known and may not be retroactive." In this case, the change concerns the construction of a provision in the Staff Regulations.
Reference(s)
Organization rules reference: ARTICLE 11.16 OF THE ILO STAFF REGULATIONS
ILOAT Judgment(s): 767
Keywords:
amendment to the rules; condition; duty to inform; interpretation; non-retroactivity; practice; staff regulations and rules;
Judgment 791
60th Session, 1986
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The organization argues that because the post was regraded there was no longer any point in the complainant's challenging the lawfulness of the appointment. "The plea relates only to part of [the complainant's] claims and it fails anyway. As an unsuccessful candidate he may challenge any decision that served to invalidate the holding of the competition."
Keywords:
amendment to the rules; appointment; candidate; cause of action; competition; other; post classification; receivability of the complaint;
Judgment 767
59th Session, 1986
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The organisation submits that "even if it did construe [Article] 11.16 too loosely it could always put an end to the practice. The ILO may indeed change the interpretation provided, it does not thereby infringe any provision of the Staff Regulations. But the change has to be properly made known and may not be retroactive. The only evidence adduced in support of the argument is a circular which went out after the impugned decision and which therefore could have no bearing on its lawfulness."
Reference(s)
Organization rules reference: ARTICLE 11.16 OF THE ILO STAFF REGULATIONS
Keywords:
amendment to the rules; duty to inform; interpretation; non-retroactivity; practice; provision; staff regulations and rules;
Judgment 751
59th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"It is [...] immaterial that the Committee did not comment on the figures in the new salary scales. [...] In this instance what 'concerns the whole or part of the staff' is the rules for calculating the salaries of staff categories, not the actual amounts individual staff members will be paid".
Keywords:
advisory body; advisory opinion; amendment to the rules; consultation; enforcement; organisation's duties; provision; reckoning; salary; scale; staff regulations and rules;
Consideration 3
Extract:
"The plea that no reasons were given for the impugned decision is also unsound. There can be no obligation whatever on the EPO to state its reasons for introducing scales approved by the Council. Such a decision finds its justification quite simply in the administration's position of subordination to the Council."
Keywords:
administrative instruction; amendment to the rules; decision; duty to substantiate decision; enforcement; executive body; general decision; provision; salary; scale;
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 742
58th Session, 1986
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"Where a provision of the Staff Regulations is amended the Tribunal may order the organisation to apply the old text rather than the new one. Likewise, where provisions of the Staff Regulations are replaced by clauses of an international agreement, the Tribunal may order the organisation to apply the former instead of the latter. The Tribunal is therefore competent."
Keywords:
amendment to the rules; competence of tribunal; enforcement; international instrument; pension; provision; staff regulations and rules;
Judgment 741
58th Session, 1986
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
Vide Judgment 742, consideration 7.
Reference(s)
ILOAT Judgment(s): 742
Keywords:
amendment to the rules; competence of tribunal; enforcement; international instrument; pension; provision; staff regulations and rules;
Judgment 739
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
In this case, the Office took the view that the Council's new guidelines on how professional experience should count in the reckoning of seniority did not apply to the complainant. "The EPO was therefore under no duty to inform the complainant of the guidelines or to explain to him how his own position differed from that of staff members to whom the guidelines applied."
Keywords:
administrative instruction; amendment to the rules; decision; duty to inform; executive body; organisation's duties; professional experience; provision; reckoning; seniority;
Summary
Extract:
In 1984, after the President of the Office adopted new rules to take account of the Tribunal's case law, the complainant was awarded a further step in his grade and additional seniority. He is asking that the impugned decision take effect not as from 1 January 1984 as called for by the new rules but as from 1 June 1982, the date when he took up his appointment. The plea fails. The Tribunal observes that, far from discriminating, the impugned decision corrects an existing element of inequality and if there remains inequality it is due to the terms of the complainant's appointment, which were not challenged within the prescribed time limits.
Keywords:
amendment to the rules; appointment; date; effective date; enforcement; equal treatment; grade; professional experience; provision; reckoning; seniority; step;
Judgment 734
58th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant alleges breach of the principle of equality by a change in the rules governing the reckoning of professional experience from 1 January 1981 which is unfavourable to officials who, like himself, were recruited after that date. The Tribunal holds that the principle of equality does not require that officials appointed at different times should be treated alike.
Reference(s)
ILOAT Judgment(s): 694, 695
Keywords:
administrative instruction; amendment to the rules; appointment; date; difference; enforcement; equal treatment; professional experience; provision; reckoning; seniority;
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