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Legal standing, capacity: To have standing before the Tribunal, a staff member must show that the contested administrative decision affects her or his legal rights. The only representative capacity envisaged by art. 3.1(c) of the Tribunal’s Statute is, for applications filed on behalf of incapacitated and deceased staff members.Variation of contract, acquiescence, waiver: A contract of employment is consensual and, generally, once the parties have agreed to the terms neither party may unilaterally amend them unless the original contract provides for agreed variations. In terms of fairness and reasonableness, an employer may only vary the terms and conditions of employment if there is a valid reason for the change in the conditions of employment and the change must be brought about through a fair procedure. In other words, the variation must be based on a rationalization of an economic, technical or structural nature, and, procedurally, the employer must consult or negotiate depending on the nature of the change in the terms and conditions. However, there may be situations where the employees consent to the variation, including through a waiver of a right (i.e., an express or implied abandonment of a right). Consent to the variation need not be express, and silence coupled with tacit acquiescence in the change may stop the parties from later denying the legality of the variation. If not expressly waived, a right may be impliedly waived by acquiescence or conduct that is inconsistent with the enforcement of the right on the part of the party entitled. A party to a contract may also be deemed to have waived his rights if it does not act within a reasonable time. Waiver in simple terms means that one of the parties by his words, actions or inaction, has evinced an intention not to enforce one or more of his rights conferred by his contract.Legitimate expectation: A legitimate expectation can be created either through the application of a regular practice or through an express promise. Legitimate expectations may result in the creation of an enforceable legal right, although the application of the doctrine is subject to a number of qualifications. Not only must the expectation be “legitimate” or have some reasonable basis, the fulfilment of the expectation must lie within the powers of the person or body creating the expectation. Furthermore, a decision that has the effect of taking away such an expectation must be shown to have been unfair, not merely adverse to the interests of the individual, and considerations of public policy could override an individual’s legitimate expectations in appropriate circumstances.