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Non-retroactivity (201,-666)
You searched for:
Keywords: Non-retroactivity
Total judgments found: 53
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Judgment 566
51st Session, 1983
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"Even where a strike is not an abuse of right an organisation would of course be entitled to make special rules on salary deductions different from the rules on absence from duty for other reasons. But such rules must be incorporated into the Staff Regulations in accordance with the prescribed procedure [...] The executive head is not competent to adopt such rules, let alone such rules which are retroactive."
Keywords:
applicable law; deduction; no provision; non-retroactivity; right to strike; salary; staff regulations and rules; strike;
Judgment 505
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The rule came into force on 1 February 1975, i.e. subsequent to the complainant's first short-term appointment. By refusing to grant the complainant non-local status, the Director-General based his decision on the fact that she did not benefit from such status on 1 February 1975, without taking account of what had happened before. "In other words, he did not apply the rule retroactively: he based his decision on the facts at the date when the rule came into force."
Keywords:
amendment to the rules; date; effective date; local status; non-local status; non-retroactivity; provision; staff regulations and rules;
Judgment 357
41st Session, 1978
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
One may ask whether the application of the former text is "warranted by the rule precluding retroactivity, which removes from the ambit of new law facts and events which were completed by the time that law came into force. Insofar as the accumulated annual leave in the present case became due before [the implementation of the new provision], is there not a completed set of facts which [...] continues to be subject to the former law ?" The Tribunal need not settle the point.
Keywords:
amendment to the rules; general principle; non-retroactivity; provision; staff regulations and rules;
Judgment 328
39th Session, 1977
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainants claim benefits dependent on their having non-local status. WHO Staff Rule 280.7 sets a retroactive time limit of one year for such claims. The complainants knew what they were doing at the time of recruitment when they signed a modified appointment form in order to obtain their employment. The organization may have acted reprehensibly, but its conduct amounts neither to concealment nor to bad faith: the organization may therefore rely on the material provision.
Reference(s)
Organization rules reference: WHO STAFF RULE 280.7
ILOAT Judgment(s): 272
Keywords:
allowance; consequence; good faith; non-local status; non-retroactivity; organisation; receivability of the complaint; refund; time limit;
Consideration 3
Extract:
"If it can be established that the conduct of the organization was such as to conceal from the complainants in bad faith that they had the claims which they were now putting forward, then the organization could not in the opinion of the Tribunal rely upon the rule [which disallows requests for benefits more than twelve months from the date at which the initial payment would have been due]."
Keywords:
allowance; consequence; good faith; local status; non-local status; non-retroactivity; organisation; receivability of the complaint; refund; request by a party;
Judgment 322
39th Session, 1977
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
For reasons of a personal nature, the complainant waited six years before informing the organisation of the birth of an illegitimate child. He claimed retroactive payment of allowances from the date of the birth. The Tribunal finds that he has lost his right to retroactive payment, since he did not act within a reasonable period of time. To claim a lump-sum payment, after waiting several years, is to disregard the purpose of the provisions on family allowance.
Keywords:
dependent child; family allowance; non-retroactivity; purpose; reasonable time; request by a party; time limit;
Judgment 217
31st Session, 1973
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
According to the texts bonuses which take account of previous experience form part of the terms of appointment. The complainant was confirmed before the new provisions came into effect. He cannot therefore claim benefit under these new regulations. "He could only do so if that article was retroactive to the date at which the complainant was recruited, which is not the case."
Keywords:
amendment to the rules; increment; non-retroactivity; professional experience; provision; seniority; staff regulations and rules; terms of appointment;
Judgment 208
30th Session, 1973
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The complainant may not [...] properly rely upon the failure to publish [recruitment] standards which apply to staff members recruited after his own appointment and which therefore do not directly concern him."
Keywords:
amendment to the rules; duty to inform; lack of injury; no cause of action; non-retroactivity; provision; receivability of the complaint; staff regulations and rules; terms of appointment;
Judgment 202
30th Session, 1973
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
Seniority bonuses are part of the terms of recruitment. Only by retroactive application of the new Staff Rules could the complainant be granted an additional bonus. But the new rules are not retroactive and the complainant's reliance on them is ill-founded.
Keywords:
amendment to the rules; enforcement; increment; non-retroactivity; professional experience; provision; seniority; staff regulations and rules; terms of appointment;
Considerations
Extract:
"At the time of his recruitment and of the confirmation of his appointment [...] the complainant was subject to the former Staff Rules and was therefore in a different position from staff members recruited under the new Staff Rules [...] The complainant did not suffer unequal treatment in relation to staff members appointed later because he was not in the same position as they were."
Keywords:
amendment to the rules; equal treatment; non-retroactivity; provision; staff regulations and rules; terms of appointment;
Judgment 199
30th Session, 1973
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"It is clear that the organization has acted strictly in accordance with the regulations as they were on [...] the date when the complainant was promoted [...] It is clear also that it would have been for the personal benefit of the complainant if the promotion had been delayed until after the change in the regulations had taken effect" [one month later]. The Tribunal can see no grounds for interfering with the impugned decision.
Keywords:
amendment to the rules; date; effective date; enforcement; non-retroactivity; promotion; provision; staff regulations and rules;
Judgment 61
10th Session, 1962
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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;
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;
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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