Date (597,-666)
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Keywords: Date
Total judgments found: 130
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Judgment 1053
69th Session, 1990
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7, Summary
Extract:
When the complainants retired in 1988 they chose to take partial lump-sum payment of their pensions in the belief that United States taxes levied on those amounts would be reimbursed in keeping with a practice that remained in force until 1989. But they were denied reimbursement. As the complainants all believed the practice to be applicable when they made their choice, both the principle of non-retroactivity and that of good faith apply.
Keywords:
amendment to the rules; date; good faith; lump-sum; non-retroactivity; pension; pension entitlements; practice; refund; retirement; tax;
Judgment 987
68th Session, 1990
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The right to a hearing, which is a general principle of law, means that the organization may not terminate a staff member unless it has already informed him of its intention and of the grounds for termination. Such information must be given before the notification of the termination and not at the same time".
Keywords:
date; duty to inform; flaw; probationary period; right to reply; termination of employment;
Judgment 953
66th Session, 1989
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2, Summary
Extract:
The complainant was promoted from grade A.2 to grade A.3 as from 1 March 1987. He submits that the promotion should have taken effect as from 1 August 1985, the date by which his credited experience had come to eight years, in accordance with point ii.2 of Circular 144. However, as required by Article 49[7] of the EPO Service Regulations, the complainant also had to have at least two years' service in his grade in the office in order to qualify for promotion. As the complainant did not meet the latter requirement until 1 March 1987, the Tribunal held that the impugned decision was correct.
Reference(s)
Organization rules reference: ARTICLE 49.7 OF EPO SERVICE REGULATIONS; POINT II.2 OF EPO CIRCULAR 144 OF 2 SEPTEMBER 1985
Keywords:
condition; date; effective date; grade; professional experience; promotion; seniority;
Judgment 905
64th Session, 1988
Intergovernmental Council of Copper Exporting Countries
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant seeks payment for home leave taken one month before the termination of his appointment. That leave had been granted in writing by the Secretary-General. The complainant acquired rights through the Secretary-General's taking of an explicit decision in his favour.
Reference(s)
Organization rules reference: ARTICLES 3.2.1 AND 5.3 OF THE CIPEC STAFF REGULATIONS
Keywords:
date; home leave; refund; right; separation from service; travel expenses;
Judgment 895
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant contends that his seniority should be reckoned from the date at which he received a technical school diploma, before earning his university engineering degree. He submits that three British universities regard the technical school diploma as equivalent to a British Bachelor of Science degree. The Tribunal holds that "until there is a common system of scientific diplomas and degrees in Europe there are bound to be differences between the British and Dutch systems. In the circumstances, recognising such differences is not in breach of the principle of equal treatment."
Keywords:
date; degree; difference; equal treatment; professional experience; reckoning; seniority;
Judgment 890
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant's appointment was confirmed only after an extension of his probation. Because he was not notified in time of the decision to extend the probationary period, the complainant seeks to have it set aside. "Where it finds a formal flaw, the Tribunal will determine whether it taints the essence of the decision. [...] Late communication therefore will not make the decision unlawful unless the probationer suffers injury. The complainant did not."
Keywords:
administrative delay; date; extension of contract; flaw; formal flaw; injury; lack of injury; probation report; probationary period; right to reply;
Consideration 3
Extract:
"The probationer [is] plainly entitled to be given a full explanation of the assessment of his work in sufficient time to enable him to make comments of his own before the President takes a decision."
Keywords:
date; probation report; purpose; right to reply; time limit;
Judgment 886
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
In Judgment 855, "under 16, the Tribunal upheld its earlier ruling in Judgment 657 of 18 March 1985 [...]: there was nothing improper about applying the eight-year rule, which was indeed in keeping with the Administrative Council's guidelines. [The complainant] had no right to fare better on the strength of a method of reckoning that had been superseded by the time he took up duty, the less so since he had been told of the terms of appointment in force at the time and had consented to them."
Reference(s)
ILOAT Judgment(s): 657, 855
Keywords:
administrative instruction; amendment to the rules; appointment; date; enforcement; professional experience; provision; reckoning; seniority; terms of appointment;
Consideration 10
Extract:
"The complainant was recruited from the British Office before the guidelines in Circular 144 came in but in the
course of a period in which the guidelines had retroactive effect. For the reasons stated in Judgment 855 under 12
and 13, the Tribunal holds that he was governed by the rules in force before Circular 144 and at the time of his
recruitment."
Reference(s)
Organization rules reference: CIRCULAR 144
ILOAT Judgment(s): 855
Keywords:
administrative instruction; amendment to the rules; appointment; consequence; date; enforcement; provision; transitional measures;
Judgment 874
63rd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"A debt of moneys is to be discharged by the date of payment stipulated either in the contract or by some general provision. Where payment is late, the rule is that there shall be a compensatory award of interest, the amount being set without making the creditor show specific injury."
Reference(s)
ILOAT Judgment(s): 792
Keywords:
administrative delay; amount; date; delay in payment; execution of judgment; injury; interest on damages; judgment of the tribunal; payment;
Consideration 3
Extract:
"Save where there is express provision in a clause of a contract or in some general text, interest will not be payable until a formal demand for payment of the principal has been made. The demand may be addressed directly by the creditor to the debtor, or it may be implicit in an application for a court order."
Reference(s)
ILOAT Judgment(s): 792
Keywords:
date; formal demand for payment; interest on damages;
Judgment 862
63rd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
Article 3.1.1.2 of the ILO Staff Regulations provides for periodic adjustments to pensionable remuneration. The application of this regulation was suspended effective 1 April 1985. The complainants argue that the absence of an adjustment on 1 April 1986 breaches their acquired rights. "The complainants say they cannot put a figure on the loss sustained but they submit a table showing losses that range from 13 to 39 per cent according to grade. The table does not distinguish between loss due to the measures of which the Tribunal was informed in the earlier proceedings - and which it declared lawful - and loss alleged to be due to the failure to revise the scale on 1 April 1986. So in any event the Tribunal cannot but endorse its ruling in Judgment 832 under 16." The complaints are dismissed.
Reference(s)
Organization rules reference: ARTICLE 3.1.1.2 OF THE ILO STAFF REGULATIONS
ILOAT Judgment(s): 832
Keywords:
acquired right; adjustment; amount; breach; date; difference; enforcement; grade; injury; pension; pension entitlements; pensionable remuneration; provision; reckoning; res judicata; staff regulations and rules; subsidiary; suspensive action;
Judgment 861
63rd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The complainant was recruited and graded on the strength of his degree. It is clear from [the circular] that those who get in on their university training will be credited only with professional experience gained after the award of the qualifying degree."
Keywords:
administrative instruction; date; degree; interpretation; professional experience; reckoning; seniority;
Judgment 860
63rd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
As to identity in the cause of action, Mr [A.] notes that the Tribunal had in part rejected the complainants' plea of breach of good faith on the grounds that they had taken up duty after the new criteria had taken effect. Mr [A.] contends that this reasoning does not apply to him insofar as he had taken up duty before the change in rules. The Tribunal acknowledges that there is on this point a new cause of action; however it holds on the merits that a staff member has no right, save in exceptional cases, to demand that the rules on promotion in force at the time of appointment should never be modified.
Reference(s)
ILOAT Judgment(s): 657
Keywords:
acquired right; amendment to the rules; application for review; appointment; date; effective date; general principle; good faith; practice; promotion; provision; receivability of the complaint; res judicata; same cause of action; terms of appointment;
Judgment 851
63rd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"Some differences will have to be allowed in the content and standard of engineering degrees until there is international standardisation. For an international organisation like the EPO the only fair and practical approach is to demand for an examiner's post the qualifications required for equivalent duties in the applicant's home country."
Keywords:
date; degree; difference; equal treatment; general principle; professional experience; reckoning; seniority; terms of appointment;
Judgment 850
63rd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9 and 11
Extract:
The complainant claims that useful experience he gained doing scientific work before receiving the academic degree on the strength of which he was appointed to the Office should count. That degree "is the qualification that determines what prior experience shall count. [...] The complainant may not avail himself of the opportunities provided by the [new] guidelines in favour of staff members who have been admitted as exceptional cases on the strength of their practical experience. The appointment of such staff members presupposes in each case a specific assessment of their experience, and no such assessment is made for university graduates."
Keywords:
administrative instruction; date; degree; equal treatment; professional experience; reckoning; seniority; terms of appointment;
Judgment 845
63rd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant claims 'rapid promotion' by virtue of the exception provided for in paragraph 64 of document CA/PV 10 concerning EPO staff members who were recruited before 1 January 1981. Inasmuch as the complainant was appointed after that date, he is not entitled to the promotion.
Keywords:
administrative instruction; appointment; date; effective date; enforcement; personal promotion; promotion;
Consideration 4
Extract:
"Even if an examiner appointed after 1 January 1981 had been promoted contrary to the rapid promotion rule in CA/20/80, that is no reason for unlawfully promoting the complainant. As the Tribunal stated in Judgment 614, a complainant may not rely on unlawful treatment which conferred benefit on other staff members: equality in law does not mean equality in the breach of it."
Reference(s)
ILOAT Judgment(s): 614
Keywords:
appointment; date; difference; effective date; equal treatment; exception; flaw; general principle; personal promotion; promotion;
Judgment 822
62nd Session, 1987
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The grants [the complainant] is claiming under [his new] contract are those which were payable on the cancellation of an indefinite contract under the rules in force 'on this day'. The Tribunal takes that expression to denote [...] the date on which the letter was signed, not [...] the date when the complainant left on the expiry of his contract."
Keywords:
amendment to the rules; date; enforcement; interpretation; provision; staff regulations and rules; terminal entitlements;
Judgment 819
62nd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"'Periods of professional experience after completion of studies may be credited only from the documented date on which university studies were successfully completed'. Military or 'comparable' service counts as reckonable professional experience, [...] no distinction [being made] between periods before and after graduation. [...] Yet the impugned decision was no breach of the principle of equality: the principle holds good only as between those who are in the same position in fact and in law".
Reference(s)
Organization rules reference: CIRCULAR 144
Keywords:
date; degree; equal treatment; military service; professional experience; reckoning; seniority;
Judgment 804
61st Session, 1987
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 3-4
Extract:
At the date on which the complaint was filed, the organisation "had not yet taken any challengeable decision, there was no more than a recommendation by the Appeal Board [...] But the complainant put the mistake right not only within the time limit for filing the complaint but also within the one for correcting it which the registrar set [...] In the interests of fair process the correction will be allowed."
Keywords:
absence of final decision; complaint; correction of complaint; date; internal remedies exhausted; late decision; receivability of the complaint;
Judgment 742
58th Session, 1986
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"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."
Keywords:
date; effective date; international instrument; interpretation; non-retroactivity;
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;
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