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Subsequent fact (42,-666)
You searched for:
Keywords: Subsequent fact
Total judgments found: 13
Judgment 4768
137th Session, 2024
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns what he refers to as decisions concerning Eurocontrol Agency’s reorganisation and his transfer following that reorganisation.
Consideration 6
Extract:
The complainant submits that the organisational charts of 4 May 2020 and 5 May 2020 [...] are unlawful or invalid. However, these documents post-date the complainant’s internal complaint of 21 October 2019 and he cannot in any event allege that they are unlawful for the first time before the Tribunal. This claim must therefore also be dismissed as irreceivable.
Keywords:
subsequent fact;
Judgment 3686
122nd Session, 2016
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the Director-General’s final decision on her internal appeal in relation to the issuance of new terms of reference altering the functions of her post, arguing that the compensation she was offered was inadequate.
Consideration 35
Extract:
In Judgment 2364, consideration 2, the Tribunal considered grounds of complaint based on facts arising subsequent to the impugned decision.
Reference(s)
ILOAT Judgment(s): 2364
Keywords:
decision; subsequent fact;
Judgment 3037
111th Session, 2011
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"The Tribunal recalls the principle that the lawfulness of a measure must be appraised as at the date of its adoption. In consequence thereof all subsequent facts are irrelevant (see Judgment 2365, under 4(c))."
Reference(s)
ILOAT Judgment(s): 2365
Keywords:
date; decision; general principle; judicial review; subsequent fact;
Judgment 2364
97th Session, 2004
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Even though it is only the 'decision' of 10 March 2002 which he wishes to have set aside, the complainant refers to facts which arose after that date and adds in his rejoinder that, since the final decision was dated 23 July 2002, 'all grievances raised until that date can validly be taken into account' as part of his complaint. [...] With regard to the claims based on facts subsequent to 10 March 2002 and presented as grounds for appeal, since internal remedies were not exhausted (Article VII(1) of the Statute of the Tribunal), they must be deemed irreceivable. [...] Furthermore, the validity of a decision or measure cannot be judged on the basis of facts occurring subsequently to that decision or measure."
Reference(s)
ILOAT reference: Article VII(1) of the Statute
Keywords:
claim; complaint; date; grounds; iloat statute; internal remedies exhausted; new claim; receivability of the complaint; rejoinder; subsequent fact;
Judgment 2089
92nd Session, 2002
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"To accept that pensions must always be adjusted to keep in line with post-retirement salary increases would be to expose pension funds to an uncertain and unmeasurable future liability which might well in the end wipe out the funds themselves."
Keywords:
acceptance; adjustment; discontinuance; increase; pension; pension adjustment system; retirement; salary; separation from service; special hazard; subsequent fact; unjspf;
Judgment 1327
76th Session, 1994
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"Even though later incidents and correspondence may have suggested that there was some possibility of a change in the organization's position", the material decision remained "final" within the meaning of Rule 1230.7.1.
Reference(s)
Organization rules reference: PAHO STAFF RULE 1230.7.1
Keywords:
complaint; decision; receivability of the complaint; staff regulations and rules; subsequent fact;
Judgment 986
67th Session, 1989
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 21-22
Extract:
A decision "will be reviewed in the context of fact and law that obtained when it was taken, else there would be breach of the general rule against retroactivity that is binding on any administrative authority and court of law. That precept does, however, allow of limited qualification [...] A decision taken after the one impugned may, if more favourable, repeal it with retroactive effect".
Keywords:
decision; exception; general principle; non-retroactivity; subsequent fact;
Judgment 976
66th Session, 1989
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
Since the Administrative Circular "was issued after the date of the impugned decision, it can have no effect on the lawfulness of that decision".
Keywords:
administrative instruction; decision; effect; subsequent fact;
Judgment 649
55th Session, 1985
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The plea fails since the [new] facts are subsequent to the date of [the judgment] and therefore cannot have an effect on that decision."
Keywords:
consequence; judgment of the tribunal; subsequent fact;
Judgment 528
49th Session, 1982
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The Administrative Circular to which reference is made "is subsequent both to the facts of the case and to the termination of the complainant's appointment, and neither party may rely on it."
Keywords:
administrative instruction; subsequent fact;
Judgment 269
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Being bound by the scope of the complainant's claims for relief the Tribunal is not required to consider the complainant's allegation of an attempt at bribery. If that allegation were proved the attempt at bribery would be subsequent to the abolition of post and merely a consequence thereof. Hence it cannot properly be relied upon to justify the quashing of the impugned decision and the complainant's reinstatement, the only claims for relief which she has made."
Keywords:
claim; competence of tribunal; complaint; limits; receivability of the complaint; subsequent fact;
Judgment 224
31st Session, 1973
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"Insofar as [the complainant] is claiming compensation on account of circumstances or actions of the [organisation] subsequent to [the date of expiry of his contract], he had at [that time] severed all his ties with [the organisation] and the dossier shows no trace of action by [the organisation] subsequent to [the material date] which might have arisen out of previous action or caused further injury to a former staff member who was no longer employed by [the organisation]."
Keywords:
cause of action; consequence; lack of injury; locus standi; no cause of action; separation from service; subsequent fact;
Judgment 115
18th Session, 1967
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"At the request of [the] complainant [...], the Tribunal ordered [the witness to] be heard [...] and [the complainant's] personal file [to be disclosed]. The Tribunal considered, however, that the delivery of [the] complainant's medical file and of a document concerning events subsequent to the filing of the complaint was unnecessary for the disposition of the case."
Keywords:
appraisal of evidence; disclosure of evidence; oral proceedings; personal file; request by a party; subsequent fact; testimony; tribunal;
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