Terms of appointment (249, 251, 252, 253, 968, 254, 255, 256, 257, 258, 259, 260, 261, 262, 264, 265, 266, 267, 268, 269, 270, 271, 945, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 666, 282, 283, 284, 285, 286, 287, 288, 289, 290, 292, 293, 294, 295, 296, 297, 298, 299, 300, 301, 302, 303, 304, 305, 306, 307, 308, 310, 311, 312, 313, 314, 661, 660, 686, 309, 316, 317, 318, 319, 320, 321, 322, 323, 324, 325, 326, 327, 648, 654, 671, 329, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363, 364, 365, 366, 367, 368, 369, 370, 371, 372, 373, 374, 375, 376, 677, 378, 379, 380, 381, 382, 649, 383, 384, 385, 386, 387, 388, 491, 492, 493, 494, 495, 496, 497, 500, 501, 502, 503, 504, 505, 506, 836,-666)
You searched for:
Keywords: Terms of appointment
Total judgments found: 123
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Judgment 545
50th Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
On taking up duty, the complainant knew that he would be in grade B.4, which he would hold until reaching the age of 30, even though his post was normally graded B.5. By accepting the appointment and unconditionally starting work, he clearly indicated his acceptance of the terms of appointment as offered. To apply some few months later for review of the terms of appointment was to go against the organisation's "reasonable expectation and to act in breach of the principle of good faith, and his application was correctly rejected for that reason."
Keywords:
acceptance; appointment; good faith; grade; terms of appointment;
Consideration 3
Extract:
"A staff member is not bound for ever more by the terms of his appointment. But if he does challenge them he must respect the limitations of good faith."
Keywords:
acceptance; complainant; good faith; terms of appointment;
Judgment 523
49th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant's post having been abolished neither in substance nor in form (but transferred to another duty station), the termination of his contract was unlawful. On the alternative view, the complainant would find himself deprived of the right given to staff members in the general service category under a rule which makes transfer to a new station subject to the staff member's consent. As reinstatement is not an appropriate remedy, the organization must pay the complainant $40,000 as compensation and $6,000 in costs.
Keywords:
abolition of post; amendment to the rules; duty station; general service category; termination of employment; terms of appointment; transfer;
Judgment 491
48th Session, 1982
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"When the complainant signed the contract he was fully aware of the terms of employment [...] He consented to those terms [...] He may not validly contend that advantage was taken of his own good faith since, on learning the position(*) of most of his fellow officials, he might have objected and sought the conclusion of a new contract for himself."
(*) in respect of working hours and overtime
Keywords:
acceptance; contract; good faith; overtime; terms of appointment; working hours;
Consideration 5
Extract:
The Staff Regulations stipulate that a contract "may not be altered by implied or even oral agreement. The organisation may be wrong to require an official - who wishes after all to keep his employment - to provide services not stipulated in his contract. But this is not the case here."
Keywords:
amendment to the rules; contract; formal requirements; organisation's duties; terms of appointment;
Judgment 490
48th Session, 1982
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
Vide Judgment 491, consideration 5.
Reference(s)
ILOAT Judgment(s): 491
Keywords:
amendment to the rules; contract; formal requirements; organisation's duties; terms of appointment;
Judgment 486
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The Tribunal is compétent to hear complaints alleging non-observance of the terms of appointment of officials and of such provisions of the staff regulations as are applicable to the case. The Tribunal has not given a narrow construction to 'terms of appointment'; it has treated the expression as sufficiently wide to cover obligations arising from the relationship created by the appointment."
Keywords:
competence of tribunal; contract; iloat statute; interpretation; provision; terms of appointment;
Judgment 485
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1(B)
Extract:
The complainant, who was living in London, sent in an application for employment to FAO headquarters in Rome, and went there at her own expense. "[Thus] not only did the complainant offer her services, but she took the tests of her own accord [and did not] make repayment of any of her expenses a condition of her acceptance of appointment. Thus it cannot be said that the payment she is now claiming was required in order to recruit her."
Keywords:
appointment; refund; terms of appointment; travel expenses;
Consideration 2(A), (B) and (C)
Extract:
Staff members who enjoyed the benefits of non-local status included a) some who had special skills or were assigned specialised work; b) others who, unlike the complainant, were invited to join the organization and had not volunteered their services and c) persons resident abroad to whom the organization had sent employment offers. The refusal to reimburse the complainant is not a breach of the principle of equality.
Keywords:
appointment; equal treatment; non-local status; terms of appointment;
Consideration 3
Extract:
"The Director-General kept within the bounds of his authority in adopting the policy [...] embodied in Staff Rule 302.40631." That provision, which confers local status on all general service staff recruited from 1 February 1975, must be read in conjunction with other provisions providing for the grant of special benefits to such staff as required in order to recruit them. "Thus the Staff Rules make a distinction between groups of general service category members. The desirability of the distinction may be open to question, but it is enough to defeat any allegation of inequality."
Reference(s)
Organization rules reference: ARTICLE 302.40631 FAO STAFF RULES AND REGULATIONS
Keywords:
appointment; equal treatment; general service category; local status; non-local status; terms of appointment;
Consideration 2
Extract:
"Although the complainant was treated differently, the facts of her case were different, and there was therefore no breach of the principle of equality."
Keywords:
equal treatment; general principle; terms of appointment;
Judgment 484
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Vide Judgment 485, consideration 3.
Reference(s)
Organization rules reference: ARTICLE 302.524 OF THE FAO STAFF RULES AND REGULATIONS
ILOAT Judgment(s): 485
Keywords:
appointment; equal treatment; general service category; local status; non-local status; terms of appointment;
Consideration 2(B)
Extract:
Vide Judgment 485, consideration 1(b).
Reference(s)
ILOAT Judgment(s): 485
Keywords:
appointment; competition; refund; terms of appointment; travel expenses;
Considerations 2(A), (B) and (C)
Extract:
Vide Judgment 485, consideration 2(a), (b) and (c).
Reference(s)
ILOAT Judgment(s): 485
Keywords:
appointment; equal treatment; non-local status; terms of appointment;
Consideration 2
Extract:
Vide Judgment 485, consideration 2.
Reference(s)
ILOAT Judgment(s): 485
Keywords:
equal treatment; general principle; terms of appointment;
Judgment 483
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3(A), (B) and (C)
Extract:
Vide Judgment 485, consideration 2(a), (b) and (c).
Reference(s)
ILOAT Judgment(s): 485
Keywords:
appointment; equal treatment; non-local status; terms of appointment;
Consideration 2(B)
Extract:
Vide Judgment 485, consideration 1 (b).
Reference(s)
ILOAT Judgment(s): 485
Keywords:
appointment; competition; refund; terms of appointment; travel expenses;
Consideration 3
Extract:
Vide Judgment 485, consideration 2.
Reference(s)
ILOAT Judgment(s): 485
Keywords:
equal treatment; general principle; terms of appointment;
Judgment 441
45th Session, 1980
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The International Patent Institute was integrated into the European Patent Organisation. The applicable provisions do not provide for the reimbursement of travel expenses. The abolition of the allowance, which was paid the complainant in the past and which was a considerable advantage for him, may have prompted him to accept his appointment. This suggests the breach of an acquired right. The complainant is entitled to the reimbursement of the cost of travel on home leave for himself and his family.
Keywords:
acquired right; allowance; amendment to the rules; discontinuance; home leave; merger; provision; refund; staff regulations and rules; terms of appointment; travel expenses;
Judgment 429
45th Session, 1980
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"An organisation's rules do not confer any acquired right on staff members except where it was the rules that induced them to join the international civil service and the amendment of the rules will substantially alter conditions of service which they were entitled to expect would continue."
Keywords:
acquired right; definition; staff regulations and rules; terms of appointment;
Consideration 9
Extract:
"When [the complainants] joined the staff they naturally took a keen interest in pension matters such as the amount of their contributions and of the pension itself, and perhaps they did acquire a right from the rules on such matters. But the rate of contribution by the [organisation] was a matter of lesser importance to them: its effect on their position was not direct enough for any acquired right to arise."
Keywords:
acquired right; contributions; organisation; pension; pension entitlements; terms of appointment; unjspf;
Judgment 391
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"A right is acquired when he who has it may require that it be respected notwithstanding any amendments to the rules." Either of the following circumstances may give rise to an acquired right: a) "a right should be considered to be acquired when it is laid down in a provision of the Staff Regulations or Staff Rules and is of decisive importance to a candidate for appointment"; b) "a right will be acquired if it arises under an express provision of an official's contract of appointment and both parties intend that it should be inviolate."
Keywords:
acquired right; amendment to the rules; condition; contract; definition; provision; staff regulations and rules; terms of appointment;
Consideration 7
Extract:
"It is [...] quite within the realm of possibility that, had the parties, at the time when the contracts of employment were concluded and revised, envisaged the straitened circumstances in which the [organisation] was [...] to be placed, they would not have treated the agreed salary as inviolate. On the contrary, they would have consented to its slight and temporary reduction [four unpaid days of leave over a period of six months]. In other words, the complainants have failed to prove any breach of acquired rights."
Keywords:
acquired right; amount; budgetary reasons; reduction of salary; salary; terms of appointment;
Judgment 381
42nd Session, 1979
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The obligation put upon an employer to negotiate changes in salary may be a condition of the contract of employment, but it would have to be specifically expressed in the individual contract or very clearly implied. "Merely because the term is contained in a collective agreement, it cannot be deemed ipso facto to be incorporated in the individual contracts of all those affected by the collective agreement."
Keywords:
amendment to the rules; collective bargaining; contract; organisation's duties; provision; salary; terms of appointment;
Judgment 380
42nd Session, 1979
General Agreement on Tariffs and Trade
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
Vide Judgment 381, consideration 6.
Reference(s)
ILOAT Judgment(s): 381
Keywords:
amendment to the rules; collective bargaining; contract; organisation's duties; provision; salary; terms of appointment;
Consideration 13
Extract:
The complainants must "establish that they are entitled to enforce [the] agreements as a part of their contracts of employment over which alone the Tribunal has jurisdiction."
Keywords:
burden of proof; competence of tribunal; complainant; contract; elements; enforcement; staff union agreement; terms of appointment;
Judgment 372
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 5-6
Extract:
The privileges at issue derive from the headquarters agreement and have been expressly granted in the interests of the organisation. "Hence, according to the terms of the agreement [...] the privileges granted [...] and now claimed by the complainant were not a personal right, and so could not have been of decisive importance to him when he accepted appointment. Furthermore, he may not rely on an express guarantee in his contract; "new staff members should [...] have realised that the benefits depended" on an agreement with a state which could be amended at any time. He may not rely on an acquired right.
Keywords:
acquired right; contract; headquarters agreement; international instrument; member state; organisation's interest; privileges and immunities; provision; terms of appointment;
Consideration 4
Extract:
"A right is acquired when he who has it may require that it be respected notwithstanding any amendment to the Rules. It may be either a right which is laid down in a provision of the Staff Regulations or Staff Rules and which is of decisive importance to a candidate for appointment, or a right which arises under an express or implied provision of an official's contract of appointment and which the parties intend should be inviolate."
Keywords:
acquired right; amendment to the rules; contract; definition; provision; staff regulations and rules; terms of appointment;
Judgment 371
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Vide Judgment 372, consideration 4.
Reference(s)
ILOAT Judgment(s): 372
Keywords:
acquired right; amendment to the rules; contract; definition; provision; staff regulations and rules; terms of appointment;
Consideration 7
Extract:
"The provisions which lay down the conditions governing promotion do not confer any acquired rights on a staff member because, when he takes up his appointment, he cannot foresee how he will fare in his career. On the contrary, those provisions are subject to amendment and the staff member must expect such amendment."
Keywords:
acquired right; amendment to the rules; career; promotion; provision; staff regulations and rules; terms of appointment;
Consideration 5
Extract:
According to the organisation, the Staff Regulations were not amended but replaced by other Staff Regulations. Hence the Tribunal may not decide to apply the former provisions which are no longer in force. "If a complainant is justified [...] what the Tribunal will do is to treat those provisions as part of the contract of appointment and apply them as such, and award damages for any breach of them."
Keywords:
amendment to the rules; competence of tribunal; judicial review; merger; organisation; staff regulations and rules; terms of appointment;
Judgment 369
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
Vide Judgment 372, consideration 4.
Reference(s)
ILOAT Judgment(s): 372
Keywords:
acquired right; amendment to the rules; contract; definition; provision; staff regulations and rules; terms of appointment;
Considerations 10-11
Extract:
Vide Judgment 372, considerations 5 and 6.
Reference(s)
ILOAT Judgment(s): 372
Keywords:
acquired right; contract; headquarters agreement; international instrument; member state; organisation's interest; privileges and immunities; provision; terms of appointment;
Judgment 368
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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:
acquired right; allowance; amendment to the rules; amount; reckoning; reduction of salary; terms of appointment;
Consideration 6
Extract:
Vide Judgment 372, consideration 4.
Reference(s)
ILOAT Judgment(s): 372
Keywords:
acquired right; amendment to the rules; contract; definition; provision; staff regulations and rules; terms of appointment;
Judgment 366
41st Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"A right is acquired when he who has it may require that it be respected notwithstanding any amendment to the rules. In particular, it may be either a right which arises under an official's contract of appointment and which both parties intend should be inviolate, or a right which is laid down in a provision of the Staff Regulations or Staff Rules and which is of decisive importance to a candidate for appointment."
Keywords:
acquired right; amendment to the rules; contract; definition; provision; staff regulations and rules; terms of appointment;
Judgment 365
41st Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
Vide Judgment 366, consideration 6.
Reference(s)
ILOAT Judgment(s): 366
Keywords:
acquired right; amendment to the rules; contract; definition; provision; staff regulations and rules; terms of appointment;
Consideration 9
Extract:
"It is true that when he takes up employment with an organisation an official may reasonably hope some day to advance in grade and that the rules on promotion create an acquired right in so far as they offer the prospect of advancement. But the substance of the acquired right to promotion is merely the possibility of advancement because it is only on the strength of such a possibility that a staff member may have accepted appointment."
Keywords:
acquired right; career; legitimate expectation; promotion; terms of appointment;
Judgment 360
41st Session, 1978
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The complainant alleges that he received a promise from the Director of personnel [...] at the time of his appointment. There is no need to question that official, who has now retired, to establish that no such promise was made." It appears from the complainant's correspondence that he "merely discussed the question of acquisition of pension rights in the hope that the competent bodies would take a decision in his favour. No trace is to be found of any real promise. Had the complainant been given one, he would presumably have produced it."
Keywords:
evidence; lack of evidence; pension; pension entitlements; promise; terms of appointment; transfer of pension rights;
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