Provision (241,-666)

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Keywords: Provision
Total judgments found: 208

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• Judgment 80

  
  14th Session, 1965
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  Far from citing any non-compliance with the texts in force on the date when her pension became payable, "the complainant asserts that the impugned decision is illegal in that it makes her subject to a system which alters the balance of contractual obligations with respect to her and infringes the conditions which induced her to accept service with [the organisation]". She therefore challenges the validity of the applicable regulations with respect to the conditions of her appointment and the legality of the decision by virtue of which these decisions were made applicable to her individually.

  Keywords:

  acquired right; amendment to the rules; pension; pension entitlements; provision; staff regulations and rules; terms of appointment;
  

  Consideration 5

  Extract:

  Decisions of a general nature "could be contested before the Tribunal only within the period of 90 days specified in Article VII, paragraph 2, of the Statute of the Tribunal [...]. The said decisions were not contested within the required time; they became final so far as the complainant is concerned and irrevocably modified, prior to the date on which her pension rights were settled, both the terms of her contract of appointment and the regulations applicable in her case."

  Reference(s)

  ILOAT reference: ARTICLE VII, PARAGRAPH 2, OF THE STATUTE
  
  

  Keywords:

  amendment to the rules; complaint; general decision; pension; pension entitlements; provision; receivability of the complaint; staff regulations and rules; time bar; time limit;
  

  
  
  

• Judgment 70

  
  12th Session, 1964
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration I

  Extract:

  The Tribunal refers to the competence established by Article II, paragraph 1, of its Statute. "Consequently, in as far as [the complainant] submits that, in the decisions impugned [...] the Director-General has infringed various provisions of the Staff Regulations, and insofar as he prays, on account of these infringements, for the quashing of these decisions and for the organisation to be ordered to pay him compensation, the Administrative Tribunal is competent to hear his complaint."

  Reference(s)

  ILOAT reference: ARTICLE II, PARAGRAPH 1, OF THE STATUTE
  
  

  Keywords:

  breach; competence of tribunal; provision; staff regulations and rules;
  

  
  
  

• Judgment 61

  
  10th Session, 1962
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  "There is no provision in the Statute of the Tribunal empowering the latter to entertain conclusions praying for the quashing of regulations."

  Keywords:

  application for quashing; competence of tribunal; judicial review; provision; staff regulations and rules;
  

  Consideration 13

  Extract:

  "Even where the provisions of the Staff Regulations and Rules are alone applicable, the power to modify them vested in the international organisation is governed by different legal rules according to whether the provisions concerned fall with the first or the second of the two types of provisions".

  Keywords:

  amendment to the rules; difference; procedure before the tribunal; provision; staff regulations and rules;
  

  Consideration 27

  Extract:

  The payment of family allowances is abolished in certain cases, although the entitlement has simultaneously been extended and the rates increased. The decision-making body, "far from infringing [the complainant's] rights, merely altered the conditions for the grant of family allowances within the framework of a family welfare policy which it is entitled to establish. Moreover, the changes are in general favourable to the interests of those concerned. The complaint is therefore not justified in this respect".

  Keywords:

  acquired right; amendment to the rules; discretion; family allowance; provision; staff regulations and rules;
  

  Consideration 12

  Extract:

  "The Staff Regulations and Rules contain two types of provisions, the nature of which differs according to the objects to which they are directed : [...] provisions which appertain to the structure and functioning of the international civil service and the benefits of an impersonal nature and subject to variation, and, on the other hand, provisions which appertain to the individual terms and conditions of an official, in consideration of which he accepted appointment."

  Keywords:

  difference; official; provision; staff regulations and rules; terms of appointment;
  

  Consideration 21

  Extract:

  "While the adoption of the new pension scheme seriously impaired the complainant's rights, it is impossible to assess the full extent of the impairment at this stage. In particular the Tribunal does not know at what age the complainant will retire and what provisions will then be in force. Therefore the Tribunal cannot now order the [organisation] to pay compensation to the complainant or to guarantee him a particular benefit." However, it recognises the complainant's right to receive those benefits to which he would have been entitled under the old pension scheme and the right if need be to apply once more to the Tribunal.

  Keywords:

  acquired right; amendment to the rules; amount; consequence; injury; pension; provision; staff regulations and rules;
  

  Consideration 18

  Extract:

  "Actually, it is doubtful whether, taken in isolation, these various changes seriously impaired a right that could have induced the complainant to enter the service of the [organisation], but taken in conjunction the changes did have this effect. Therefore, by making the changes applicable to the complainant, the [organisation] infringed the terms of his appointment."

  Keywords:

  acquired right; amendment to the rules; provision; staff regulations and rules; terms of appointment;
  

  Consideration 24

  Extract:

  The changes in the guarantees provided in the event of abolition of post "constitute a serious infringement of the terms of appointment" of the complainant. He is therefore justified in maintaining that the Secretary-General was not entitled to declare that the material regulation was applicable to his terms of appointment.

  Keywords:

  abolition of post; amendment to the rules; provision; safeguard; staff regulations and rules; termination of employment; terms of appointment;
  

  Consideration 24

  Extract:

  A comparison of the old and new provisions reveals "that in the event of termination owing to the abolition of the official's post the new regulations abolish all immediate right to a pension and substitute for an allowance of a stated amount, guaranteed under the former article [...] a benefit of an amount to be decided by the administrative council at its absolute discretion; these two changes constitute a serious infringement of the [complainant's] terms of appointment [...]."

  Keywords:

  abolition of post; acquired right; amendment to the rules; discontinuance; pension entitlements; provision; repeal; staff regulations and rules; terminal entitlements; termination of employment; terms of appointment;
  

  Consideration 12

  Extract:

  The "provisions which appertain to the structure and functioning of the international civil service and [...] benefits of an impersonal nature and subject to variation [...] are statutory in character and may be modified at any time in the interest of the service, subject, nevertheless, to the principle of non-retroactivity and to such limitations as the competent authority itself may place upon its powers to modify them."

  Keywords:

  amendment to the rules; competence; decision-maker; non-retroactivity; organisation's interest; provision; staff regulations and rules;
  

  Consideration 12

  Extract:

  "The terms of appointment of international civil servants and, in particular, those of the [organisation in question] derive both from the stipulations of a strictly individual character in their contract of appointment and from Staff Regulations and Rules, which the contract of employment by reference incorporates. Owing, inter alia, to their increasing complexity, the conditions of service mainly appear not amongst the stipulations specifically set out in the contract of appointment but in the provisions of the [...] Staff Regulations and Rules."

  Keywords:

  contract; official; provision; staff regulations and rules; terms of appointment;
  

  Consideration 17

  Extract:

  "[The] salary increases resulted from the equating of the complainant's salary to that of officials of the United Nations with similar duties and responsibilities, and such salary increases cannot be set off against any loss which the complainant can be shown to have suffered as the result of the application to him of the new conditions of service."

  Keywords:

  amendment to the rules; compensatory measure; enforcement; increase; provision; reduction of salary; salary; staff regulations and rules; terms of appointment;
  

  
  
  

• Judgment 51

  
  8th Session, 1960
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  The Staff Regulations make provision for amendments to be made to them without prejudice to acquired rights. While the amount of the non-resident's allowance is not a matter of acquired rights, "the entitlement to the allowance actually paid [...] at the former rate constituted an acquired right within the meaning of [the material] Staff Regulation [...] which, under the most restrictive interpretation, has the same scope as the principle of the prohibition of retroactivity." A back-dated reduction of the amount of the allowance is unlawful.

  Keywords:

  acquired right; amendment to the rules; amount; non-resident allowance; non-retroactivity; provision; reduction of salary; staff regulations and rules;
  

  
  
  

• Judgment 41

  
  8th Session, 1960
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  The Director-General rejected a request submitted by the complainant in March. Although in April he approved the new provisions "that would be in conformity with the claims of the complainant, [those provisions have] no retroactive effect. Therefore it cannot be applicable to the case of the complainant, on whose entitlement rulings were given in the impugned decisions of [December and March]."

  Keywords:

  amendment to the rules; enforcement; non-retroactivity; provision; staff regulations and rules;
  

  Consideration 2

  Extract:

  A provision of the Staff Regulations lays down the principle of entitlement to sick or maternity leave and empowers the Director-General to issue rules governing the grant of such leave. On [date] "the Director-General had not yet made use of the power that had been granted to him, so that it was for the Director-General, on receipt of a request for maternity leave from [the complainant], to determine the manner in which the application would be granted."

  Keywords:

  amendment to the rules; condition; discretion; enforcement; maternity leave; provision; sick leave; staff regulations and rules;
  

  
  
  

• Judgment 39

  
  7th Session, 1958
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "The adoption of revised salary scales together with a new classification plan [...] cannot in itself be put forward as justification for proceeding to an arbitrary and unfair treatment of officials [...]. Any such system may only be applied in the interest of the organisation and in accordance with the guarantees [set out in the Staff Regulations]; it is only where evidence has been adduced before the Tribunal to show that the organisation failed properly and fairly to observe the terms of an official's appointment and of the [...] regulations applicable that a claim would be in judgment."

  Keywords:

  amendment to the rules; equal treatment; grade; judicial review; post classification; provision; salary; scale; staff regulations and rules;
  

  
  
  

• Judgment 33

  
  7th Session, 1958
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "While it has not been proved that performance reports should have been drawn up in connection with the complainant's participation in a competition, such performance reports should have been drawn up in any case once in each calendar year [...]. The absence of performance reports for the [material] year is a breach of [the Staff Rules] and may have been prejudicial to the complainant."

  Keywords:

  breach; injury; omission; performance report; provision; rating; staff regulations and rules;
  

  
  
  

• Judgment 29

  
  6th Session, 1957
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "In fact, the term 'acquired rights' has no other import than that, up to the date of amending the Regulations in force, there shall be no interference with the application of the said Regulations to an official and that the amended Regulations shall have no retrospective effect."

  Keywords:

  acquired right; amendment to the rules; definition; enforcement; non-retroactivity; provision; staff regulations and rules;
  

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