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Effective date (31, 32,-666)

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Keywords: Effective date
Total judgments found: 29

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  • Judgment 741


    58th Session, 1986
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    Vide Judgment 742, consideration 8.

    Reference(s)

    ILOAT Judgment(s): 742

    Keywords:

    date; effective date; international instrument; interpretation; non-retroactivity;



  • Judgment 739


    58th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    In 1984, after the President of the Office adopted new rules to take account of the Tribunal's case law, the complainant was awarded a further step in his grade and additional seniority. He is asking that the impugned decision take effect not as from 1 January 1984 as called for by the new rules but as from 1 June 1982, the date when he took up his appointment. The plea fails. The Tribunal observes that, far from discriminating, the impugned decision corrects an existing element of inequality and if there remains inequality it is due to the terms of the complainant's appointment, which were not challenged within the prescribed time limits.

    Keywords:

    amendment to the rules; appointment; date; effective date; enforcement; equal treatment; grade; professional experience; provision; reckoning; seniority; step;



  • 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 424


    45th Session, 1980
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "First, if the organization grants a salary increase, not of its own accord, but as the result of appeal proceedings duly introduced by the official, the increase will take effect from the date on which the proceedings were introduced. Otherwise an official who obtains satisfaction without taking action would enjoy an unfair advantage over an official who has been obliged to take steps to pursue his claim. Secondly, if the transfer procedure is unreasonably prolonged for causes attributable to the organization, the official should not suffer for the delay. The increase will therefore take effect on the date on which it ought to have been granted."

    Keywords:

    date; effective date; increase; internal appeal; salary;

    Consideration 7

    Extract:

    "The complainant [...] had to wait six months for his promotion. It is immaterial whether the long and futile delay was the fault of any PAHO body. All that need be said is that it was entirely due to the way in which PAHO bodies worked and that the organization should make good the wrong by transferring the complainant with effect from the date on which he ought normally to have been transferred [...]. The organization shall [...] pay the complainant the difference between the sums due and those actually paid to him [...] and shall correct his personnel records accordingly."

    Keywords:

    administrative delay; date; decision quashed; effective date; promotion;



  • Judgment 301


    38th Session, 1977
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    It is for the competent committees and the Director-General to adapt the conditions of promotion to the requirements of the organisation. "Hence those conditions may change from year to year and, since they do so, different staff members are differently treated according to the dates on which they receive promotion. Where there are administrative reasons for such difference in treatment, it is no breach of the principle of equality."

    Keywords:

    amendment to the rules; competence; criteria; date; effective date; equal treatment; executive head; organisation's interest; promotion; promotion board;



  • Judgment 300


    38th Session, 1977
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    Vide Judgment 301, consideration 5.

    Reference(s)

    ILOAT Judgment(s): 301

    Keywords:

    amendment to the rules; competence; criteria; date; effective date; equal treatment; executive head; organisation's interest; promotion; promotion board;



  • Judgment 294


    38th Session, 1977
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant reached the highest step in her grade some years ago. An amendment was adopted introducing three new steps in her grade. She should obtain the successive increments on the date at which she fulfilled the requisite conditions. The Director-General should take steps to ensure that a) the complainant is treated as if at the time the modification was implemented she had been at step XIV for a period of five months and b) each intervener is treated in the same way, according to length of service.

    Keywords:

    amendment to the rules; date; effective date; enforcement; grade; increment; staff regulations and rules; top step;



  • Judgment 275


    36th Session, 1976
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The Tribunal notes that the decisions of the Director-General were not promotions but reclassifications following the entry into force of the new Staff Regulations. These reclassifications "having been delayed for reasons for which the staff members are not responsible should be put into effect at the date on which the complainants took up their duties but, like the Staff Regulations themselves, not before 1 January 1971".

    Keywords:

    amendment to the rules; date; decision; delay; effective date; enforcement; post classification; provision; staff regulations and rules;



  • 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;

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