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Non-retroactivity (201,-666)

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Keywords: Non-retroactivity
Total judgments found: 50

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  • Judgment 4254


    129th Session, 2020
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to extend his appointment beyond the statutory retirement age.

    Consideration 4

    Extract:

    [T]he principle that a rule is applicable to an official only from the date on which it is brought to her or his notice [...] is well established in the Tribunalícase law (see, for example, Judgments 963, consideration 5, 2575, consideration 6, 3835, consideration 2, and 3884, consideration 13).

    Reference(s)

    ILOAT Judgment(s): 963, 2575, 3835, 3884

    Keywords:

    non-retroactivity;



  • Judgment 3884


    124th Session, 2017
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision not to extend her appointment beyond the mandatory retirement age.

    Consideration 4

    Extract:

    The principle of non-retroactivity, which is one of the general principles of international civil service law, forbids an organisation from applying to staff retroactively a rule which is unfavourable to them (see, for example, Judgments 963, under 5, 1979, under 5(h), or 2439, under 12).
    Such unlawful retroactive effect occurs inter alia when a new rule that has not yet entered into force (see, for example, Judgments 1012, under 7, or 1641, under 8) or a new administrative practice that has not been clearly announced in advance (see, in particular, Judgments 767, under 9, 792, under 8, 1053, under 7, and 1610, under 21) is applied to an official in a manner which goes against her or his interests.

    Reference(s)

    ILOAT Judgment(s): 767, 792, 963, 1012, 1053, 1610, 1641, 1979, 2439

    Keywords:

    non-retroactivity;



  • Judgment 3736


    123rd Session, 2017
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the ITUís decision to change its medical insurance scheme and to increase their premiums under this insurance scheme.

    Consideration 9

    Extract:

    [T]he fact that the premiums for the first month in which the new scheme applied were deducted in the previous month does not breach the principle of non-retroactivity.

    Keywords:

    non-retroactivity;



  • Judgment 3662


    122nd Session, 2016
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges his transfer to another post.

    Consideration 10

    Extract:

    As the complainant has suffered no injury, his plea that the rule against retroactivity was breached because the decision of 11 June 2013 took effect on 1 June is of no avail (see, for example, Judgments 1130, under 2, 1979, under 5(h), and 2963, under 9).

    Reference(s)

    ILOAT Judgment(s): 1130, 1979, 2963

    Keywords:

    non-retroactivity;



  • Judgment 3214


    115th Session, 2013
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant unsuccessfully impugns the decision not to extend his appointment beyond retirement age.

    Consideration 14

    Extract:

    "According to the Tribunalís case law, an administrative authority, when dealing with a claim, must generally base itself on the provisions in force at the time it takes its decision, and not on those in force at the time the claim was submitted. Only where this approach is clearly excluded by the new provisions, or where it would result in a breach of the requirements of good faith, the non-retroactivity of administrative decisions and the protection of acquired rights, will the above rule not apply (see Judgments 2459, under 9, 2986, under 32, or 3034, under 33)."

    Reference(s)

    ILOAT Judgment(s): 2459, 2986, 3034

    Keywords:

    acquired right; applicable law; breach; date; decision; exception; general principle; good faith; non-retroactivity; patere legem; request by a party;



  • Judgment 3185


    114th Session, 2013
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant successfully challenges her performance evaluation report, alleging personal prejudice and discrimination on the part of her direct supervisor.

    Consideration 7(b)

    Extract:

    "The rule that administrative acts cannot apply retroactively [...] prevents an international organisation from altering definitively established legal situations, for example by calling into question an appraisal of service rendered during an evaluation period prior to the adoption of the new rules, as occurred in the instant case."

    Keywords:

    amendment to the rules; non-retroactivity; organisation's duties; period; work appraisal; written rule;



  • Judgment 3080


    112th Session, 2012
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 19-20

    Extract:

    "According to the Tribunal's case law, when an organisation is ordered to grant a financial benefit to a staff member who fulfilled the legal requirements for claiming it, but who failed to do so as soon as his/her entitlement arose, the benefit in question is due only as from the date of the initial claim by the person concerned, and not the date on which he/she became entitled to the benefit ([...] see Judgment 2550, under 6, or Judgment 2860, under 22). There would be no justification for ordering an organisation unexpectedly to pay potentially large, backdated, aggregated sums for benefits which had not been claimed by the staff member concerned when he or she should have done so. [...] [Moreover] it is true that the position would be different if the Organization itself were responsible for the fact that the [staff member] did not submit a claim [at that time]."

    Reference(s)

    ILOAT Judgment(s): 2550, 2860

    Keywords:

    amount; condition; date; delay; exception; judgment of the tribunal; liability; marital status; medical expenses; non-retroactivity; organisation; payment; request by a party; staff member's duties;



  • Judgment 3034


    111th Session, 2011
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 33

    Extract:

    As the Tribunal stated in Judgment 2459, under 9, an administrative authority, when dealing with a claim, must generally base itself on the provisions in force at the time it takes its decision and not on those in force at the time the claim was submitted. Only where this approach is clearly excluded by the new provisions, or where it would result in a breach of the requirements of the principles of good faith, the non-retroactivity of administrative decisions and the protection of acquired rights, will the above rule not apply.

    Reference(s)

    ILOAT Judgment(s): 2459

    Keywords:

    acquired right; good faith; non-retroactivity; staff regulations and rules;



  • Judgment 2985


    110th Session, 2011
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    "As the Tribunal stated in Judgment 2459, under 9, an administrative authority, when dealing with a claim, must generally base itself on the provisions in force at the time it takes its decision and not on those in force at the time the claim was submitted. Only where this approach is clearly excluded by the new provisions, or where it would result in a breach of the requirements of the principles of good faith, the non-retroactivity of administrative decisions and the protection of acquired rights, will the above rule not apply."

    Reference(s)

    ILOAT Judgment(s): 2459

    Keywords:

    acquired right; applicable law; breach; date; decision; exception; general principle; good faith; non-retroactivity; organisation's duties; provision; request by a party;



  • Judgment 2963


    110th Session, 2011
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "The rule against retrospectivity permits of two exceptions, namely where the decision involves no detriment to the staff member concerned and where the decision replaces an earlier provisional decision (see Judgment 1130, under 2)."

    Reference(s)

    ILOAT Judgment(s): 1130

    Keywords:

    decision; exception; injury; non-retroactivity; provisional decision; staff member's interest;

    Consideration 9

    Extract:

    "[A] decision to terminate a staff member's service retrospectively involves necessarily a detriment in that it negates the possibility of notice allowing for the person concerned to make necessary arrangements during the notice period. This is so whether or not a payment is made in lieu of notice."

    Keywords:

    decision; injury; non-retroactivity; notice; payment; staff member's interest;

    Consideration 8

    Extract:

    Quashing of a retroactive termination of appointment for reasons of health.
    "It is well settled that an international organisation cannot retrospectively alter the rights and obligations of staff members to their detriment, whether by written rule or otherwise (see, for example, Judgments 595, under 5 and 6, 1669, under 17 and 18, and 1979, under 5(h))."

    Reference(s)

    ILOAT Judgment(s): 595, 1669, 1979

    Keywords:

    amendment to the rules; non-retroactivity; right; staff member's duties; staff member's interest; written rule;



  • Judgment 2637


    103rd Session, 2007
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 22

    Extract:

    The complainant requests that the effective date of the administration's decision to grant her international status be changed to December 1991 instead of August 2005. "[I]t may be noted that, exceptionally, retroactive effect may be granted to a decision where the effect is favourable to a staff member (see Judgment 1130). In the present case, however, a grant of retroactivity would confer no benefit on the complainant either in relation to home leave or education grant. In the circumstances, the rule against retroactivity should be applied."

    Reference(s)

    ILOAT Judgment(s): 1130

    Keywords:

    allowance; amendment to the rules; claim; date; decision; education expenses; effect; enforcement; exception; general principle; home leave; non-local status; non-retroactivity; official; staff member's interest; withdrawal of decision;



  • Judgment 2315


    96th Session, 2004
    Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 22-23

    Extract:

    "There are two aspects to the rule against retroactivity. The first is a rule of interpretation which requires that a provision not be construed as having retroactive effect unless that is clearly intended. The second is a substantive rule of international civil service law which, as explained in Judgment 1589, prevents a retroactive change in the legal status of staff save in limited circumstances [...]. However, to state the rule in this way is not to expose what is meant by 'retroactive'. In general terms, a provision is retroactive if it effects some change in existing legal status, rights, liabilities or interests from a date prior to its proclamation, but not if it merely affects the procedures to be observed in the future with respect to such status, rights, liabilities or interests."

    Reference(s)

    ILOAT Judgment(s): 1589

    Keywords:

    amendment to the rules; case law; collective rights; condition; consequence; date; definition; effect; exception; general principle; international civil service principles; interpretation; non-retroactivity; official; organisation's interest; procedure before the tribunal; provision; publication; purpose; right; staff member's duties; staff member's interest;



  • Judgment 2198


    94th Session, 2003
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 12-13

    Extract:

    The complainant worked, from 1993 to 2000, under a series of short-term contracts of varying durations. "It was clearly within the discretionary authority of the Director-General to decide whether to renew the complainant's short-term contract or offer him a fixed-term contract. The complainant cannot now claim to be treated retroactively as if he had a fixed-term contract; he was at all times a short-term staff member (see, for example, Judgment 2107, under 10). [...] Precedent has it that, at the discretion of the executive head, a temporary appointment may be extended or converted to a fixed-term appointment, but it does not carry any expectation of, nor imply any right to, such extension or conversion and shall, unless extended or converted, expire according to its terms, without notice or indemnity (see, in particular, Judgment 1560, under 4)."

    Reference(s)

    ILOAT Judgment(s): 1560, 2107

    Keywords:

    contract; discretion; duration of appointment; executive head; fixed-term; non-renewal of contract; non-retroactivity; notice; right; short-term; successive contracts; terminal entitlements;



  • Judgment 2107


    92nd Session, 2002
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "The complainant's claim that he should be considered as a fixed-term staff member cannot be sustained. The complainant was recruited as a short-term staff member, without having to go through a competition process; he accepted several contract renewals. It was within the discretionary authority of the Director-General to decide during the years that the complainant was with the organization whether to renew each short-term contract or offer him a fixed-term contract. There is no basis on which the complainant can claim to be treated retroactively as if he had a fixed-term contract. He was at all times a short-term staff member."

    Keywords:

    acceptance; appointment; claim; competition; complainant; contract; decision; discretion; executive head; fixed-term; non-retroactivity; official; participation; refusal; short-term; status of complainant; terms of appointment;



  • Judgment 2006


    90th Session, 2001
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    The complainant contends that based on a recently published circular, his promotion should have been made retroactive to the date he took up his new duties. "However, to give retroactive effect to [the] circular would not be possible since according to customary methods of interpretation any action prescribed in a text is deemed to be of immediate effect. There is no presumption of retroactive effect.' (Judgment 742 [...]). Indeed, there can be no retroactive application of the rights sought by the complainant, and his status results only from the publication of the circular in question. The charge of arbitrariness would be tenable if there were no basis for applying the circular to the case of the complainant, but, as shown above, the scope of the text explicitly covered his situation."

    Reference(s)

    ILOAT Judgment(s): 742

    Keywords:

    bias; date; effective date; general principle; interpretation; non-retroactivity; promotion; publication; right; staff regulations and rules; written rule;



  • Judgment 1979


    89th Session, 2000
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5(H)

    Extract:

    "The rule against retroactivity prevents an organisation from applying retroactively to staff a rule which is unfavourable to them. In order to determine whether a measure is unfavourable its overall effects must be assessed."

    Keywords:

    general principle; non-retroactivity; written rule;



  • Judgment 1669


    83rd Session, 1997
    World Customs Organization (Customs Co-operation Council)
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 17-18

    Extract:

    "One principle of international civil service law is that a decision on a staff member's status may not work to his detriment before the date at which he had notice of it. [...] The grant of an invalidity pension does not empower the Organisation to make the termination retroactive as from the date set for the start of payment and to disregard the requirement of notice in the rules [...] Here the Council failed to observe the rules."

    Keywords:

    date of notification; decision; disability benefit; effect; incapacity; international civil service principles; non-retroactivity; notice; termination of employment;



  • Judgment 1604


    82nd Session, 1997
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    The complainants want the ICSC to correct a mistake it made in reckoning their post adjustment retroactively. The Tribunal holds that "making a decision retroactive would require the calculation of the past pay of all the staff concerned, including those who have since left. The Commission's practice is to have its decisions take effect only in a few months' time so that the Secretariat and the organisations may make the calculations. The Tribunal concludes that it is neither necessary nor even reasonable to require retroactive application of the revised method. [...] All the Commission can do is to keep [the various elements] under review and, when defects do emerge, revise the method so as to make the correction reasonably soon."

    Keywords:

    decision; effect; icsc decision; non-retroactivity; post adjustment; reckoning; salary; scale;



  • Judgment 1366


    77th Session, 1994
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 11-12

    Extract:

    The complainant's education allowance gave rise to an overpayment. He alleges breach of the rule against retroactivity. "He is wrong. [...] What is at issue is the recovery of overpayments; and the complainant [...] must have been aware of the patent disproportion between the advances he was receiving and the education expenses he had actually incurred. So he may not properly plead any mistake in interpretation."

    Keywords:

    amount; education expenses; non-retroactivity; recovery of overpayment; refund; unjust enrichment;



  • Judgment 1364


    77th Session, 1994
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    In his first complaint the complainant is seeking "a retroactive benefit that would be at variance with the terms of his original appointment, to which he consented and which designated Varese as his home. The EPO is therefore right to refuse any change in that determination as to the past."

    Keywords:

    acceptance; amendment to the rules; appointment; decision; home; home leave; non-retroactivity; refusal; request by a party;

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Last updated: 23.10.2020 ^ top