Conditions of service (736,-666)

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Keywords: Conditions of service
Total judgments found: 2

• Judgment 4458

  
  133rd Session, 2022
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant seeks the setting aside of the information circular which, according to her, announced the closure of the UNESCO Commissary.

  Consideration 9

  Extract:

  [T]he Tribunal’s case law makes plain that international civil servants’ social protection forms an integral part of their terms of employment (see, inter alia, Judgment 3506, consideration 9) [...].

  Reference(s)

  ILOAT Judgment(s): 3506
  

  Keywords:

  conditions of service; social protection;
  

  Considerations 7 and 10

  Extract:

  The Commissary – which in 1958 lost its previous status, granted in 1949, as a cooperative society – was undoubtedly an integral part of the UNESCO Secretariat, and the aforementioned provisions in its regard appeared in the Administrative Manual until they were removed by the contested circular. However, in the absence of any reference to this facility in the employment contracts of UNESCO officials or the provisions of the Staff Regulations, this does not imply that entitlement to use the Commissary’s services may be regarded as a term of employment the alteration of which can be challenged before the Tribunal.
  [...]
  Lastly, the Tribunal observes that it is unsurprising that access to the UNESCO Commissary is not one of the benefits granted to staff members listed in their employment contracts or the Staff Regulations. Indeed, from the time of its creation, and despite the fact that this occurred against the backdrop of the consumer goods shortage prevailing in France at the time owing to the economic devastation wreaked by the Second World War, entitlement to use the Commissary’s services was not conceived as a term of employment of UNESCO staff but merely as a facility offered with a view to enabling them – in the words of the resolution adopted by the General Conference in September 1947 on this matter – to “improve [their] living conditions” by obtaining items necessary for their “personal comfort”. In the decades that followed, and until the closure of the Commissary, the fact that it existed merely as a facility became all the more obvious as the supply problems that had originally justified its establishment disappeared. It should also be noted that the opportunity to join the Commissary was not restricted to serving UNESCO staff members, since it was also open, inter alia, to former UNESCO staff members, members and staff of permanent delegations to UNESCO and officials of the United Nations and specialised agencies assigned to Paris, which confirms that this benefit was not conceived as a term of employment attaching to the status of UNESCO staff member.

  Keywords:

  conditions of service; contract; facilities;
  

  
  
  

• Judgment 3859

  
  124th Session, 2017
  International Criminal Court
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainants challenge the decision adopted by the ICC Assembly of States Parties, reaffirming its earlier decision that the amended Pension Scheme Regulations apply to them.

  Consideration 16

  Extract:

  It is [...] observed that Article 45 of the Rome Statute has no bearing on the question as to whether the original or amended Pension Scheme Regulations apply to the complainants. Article 45 requires that “[b]efore taking up their respective duties under [the] Statute, the judges [...] shall each make a solemn undertaking in open court to exercise his or her respective functions impartially and conscientiously”. This provision is only directed at the performance of the judicial function and requires the taking of a solemn oath before any judicial duties can be undertaken. It is irrelevant in relation to the application of the conditions of service and compensation of the judges.

  Keywords:

  conditions of service;