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Retroactivity (832,-666)

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Keywords: Retroactivity
Total judgments found: 6

  • Judgment 4365


    131st Session, 2021
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant requests the review of Judgment 4224.

    Consideration 5

    Extract:

    [I]n accordance with the general principle of international civil service law that a decision adversely affecting a staff member cannot have retroactive effect from a date prior to the date on which it is notified to her or him (see Judgment 1669, under 17), the decision to dismiss the complainant summarily had taken effect on 10 November 2016.

    Reference(s)

    ILOAT Judgment(s): 1669

    Keywords:

    retroactivity;



  • Judgment 4335


    131st Session, 2021
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the amount of the allowance she received during her parental leave.

    Consideration 8

    Extract:

    The Tribunalís case law states, in Judgment 2315, consideration 23, for example, that 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): 2315

    Keywords:

    retroactivity;



  • Judgment 4257


    129th Session, 2020
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges his staff report for 2014.

    Consideration 11

    Extract:

    As the Tribunal observed in Judgment 2315, consideration 23, 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): 2315

    Keywords:

    retroactivity;



  • Judgment 3726


    123rd Session, 2017
    International Organization for Migration
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to dismiss her claim for compensation on account of labour exploitation and compulsory labour.

    Consideration 20

    Extract:

    [The Tribunal] can grant damages if it is not disputed that the complainant performed work beyond her current grade (see, for example, Judgment 3284, considerations 14 and 17). The Tribunal therefore determines that the complainant is entitled to material damages for the tasks that she performed above her G.5 grade, and that she is entitled to moral damages for the prejudice that she suffered by IOMís breach.

    Reference(s)

    ILOAT Judgment(s): 3284

    Keywords:

    grade; material damages; moral injury; order; post classification; reclassification; retroactivity;



  • 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.

    Judgment keywords

    Keywords:

    complaint allowed; decision quashed; performance report; retroactivity;



  • Judgment 3135


    113th Session, 2012
    Technical Centre for Agricultural and Rural Cooperation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 19

    Extract:

    As the Tribunal has often stated, a provision is retroactive only if it effects some change in a personís existing legal status, rights, liabilities or interests from a date prior to its proclamation, but not if it merely alters the effects of this status or of these rights, liabilities or interests in the future (see, inter alia, Judgments 2315, under 23, or 2986, under 14). In the present case, however, the new provision in question did not alter the compensation in lieu of notice already paid to the complainant, but only introduced a new rule on the subject, which was subsequently applied to her. It did not therefore alter any legal status, or infringe any right as from a date prior to its issuance and it thus produced effects only in the future.

    Reference(s)

    ILOAT Judgment(s): 2315, 2986

    Keywords:

    retroactivity;


 
Last updated: 15.09.2021 ^ top