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De Merode and Others v. World Bank
Published online by Cambridge University Press: 01 January 2021
Abstract
International organizations — International administrative tribunals — World Bank Administrative Tribunal — Competence — Dispute concerning alleged non-observance of contracts of employment or terms of appointment — Function of Tribunal — Applicable law — Internal law of the World Bank — General principles of law — Relevance of decisions of other international administrative tribunals — Concept of review by Tribunal of exercise of discretion by World Bank — Procedure — Representative cases
International organizations — Officials — Terms and conditions of employment — Relationship between contract of employment and other sources of employment law — World Bank — Articles of Agreement of the Bank — By-laws — Personnel Manual and Field Office Manual — Expectations of staff members — Power of World Bank to amend general rules regarding terms and conditions of employment — Whether a contractual power — Whether dependent upon employee's acceptance of power of amendment — Balance of rights and duties of staff — Conditions of employment central to that balance not subject to unilateral amendment — Limitations upon Bank's power to amend other conditions of employment — Non-retroactivity — Requirement that amendment be proportionate to the goal which it was sought to achieve — Requirements of reasonableness and good faith
International organizations — Officials — Terms and conditions of employment — Salaries — Tax reimbursement — Adjustments to take account of changes in cost of living — Changes in methods of assessment — Whether legitimate
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