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Judgment No. 2638


The complaint is dismissed.

Consideration 9


"The main justification for granting benefits such as home leave or an education grant to some staff members is not that the beneficiaries have a particular nationality, but that their duty station is not in their recognised home country. Far from being discriminatory, such practices, which moreover exist in most international organisations, are designed to restore a degree of equality between officials serving in a foreign country and those who are working in a country where they normally have their home. The two categories cannot be regarded as being in identical situations. Consequently, according to firm precedent, the principle of equality must not lead to their being treated in an identical manner when a difference in treatment is appropriate and adapted (see Judgment 2313 [...])."


ILOAT Judgment(s): 2313


nationality; place of origin; general principle; equal treatment; organisation's duties; practice; rule of another organisation; breach; duty station; allowance; education expenses; home leave; home; difference; purpose; same; official

Last updated: 26.06.2020 ^ top