Judgment No. 357
THE COMPLAINT IS DISMISSED.
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.
general principle; non-retroactivity; staff regulations and rules; amendment to the rules; provision
"A staff member who leaves the [organisation] is supposed to return to his home country and to use there the sum which he has received as compensation for accumulated annual leave. In calculating that sum, therefore, there are no grounds for taking account of benefits and allowances such as post adjustments, which have to be determined in the light of the cost of living at the duty station."
amount; allowance; separation from service; commutation of accrued leave; criteria
"A staff member may derive an acquired right either from a clause of his contract of appointment or from a provision of the Staff Regulations or the Staff Rules which was important enough to affect the mind of the ordinary applicant when he was considering joining the staff of the organisation." [In the instant case, the provision on compensation for accumulated leave was modified; but there is nothing to suggest that an applicant for a position on the staff would have joined the organisation in reliance on the earlier rule.]
acquired right; staff regulations and rules; amendment to the rules; provision; contract; commutation of accrued leave