Amount (122,-666)
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Keywords: Amount
Total judgments found: 111
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Judgment 368
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
Vide Judgment 371, consideration 8.
Reference(s)
ILOAT Judgment(s): 371
Keywords:
acquired right; allowance; amendment to the rules; amount; discontinuance; education expenses; home leave; non-resident allowance; payment; reckoning;
Consideration 7
Extract:
There is no acquired right to the amount and method of calculation of an indemnity; a staff member should expect amendments to be made. The reduction in the indemnity "does not infringe any right which was of decisive importance to [the complainants] in accepting appointment and which may be regarded as acquired. Moreover, there is no clause in their contract which even tacitly guaranteed them any such right."
Keywords:
acquired right; allowance; amendment to the rules; amount; reckoning; reduction of salary; terms of appointment;
Judgment 366
41st Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"[E]xpatriation, education and leave expense allowances are matters of importance to someone who joins the staff of an organisation. The question therefore arises whether the outright abolition of such allowances would not violate an acquired right. There is, however, no acquired right to the amount and the conditions of payment of such allowances. Indeed the staff member should expect amendments to be prompted by changes in circumstances if, for example, the cost of living rises or falls, or the organisation reforms its structure, or even finds itself in financial difficulty."
Keywords:
acquired right; allowance; amendment to the rules; amount; discontinuance; education expenses; home leave; non-resident allowance; payment; refund;
Judgment 365
41st Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
Vide Judgment 366, consideration 11.
Reference(s)
ILOAT Judgment(s): 366
Keywords:
acquired right; allowance; amendment to the rules; amount; discontinuance; education expenses; home leave; non-resident allowance; payment; refund;
Judgment 359
41st Session, 1978
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainant's claims for damages are excessive. Since he had been informed that an extension of his contract gave him one "last chance", "he must have known that his position in [the organization] was precarious. The extensions of his appointment [...] were so short that he should have realised that he stood to lose his employment in a few months' time and that it would therefore be reasonable to look for employment outside [the organization]."
Keywords:
amount; contract; extension of contract; fixed-term; material damages; non-renewal of contract; successive contracts;
Consideration 6
Extract:
It is not desirable to allow the complainant's claim for reinstatement. "It does not appear from the dossier that [the organization] could at present make use of his services in any vacant post. [T]he sum of one year's salary will compensate the prejudice for which he is entitled to damages." [17 years' service; non-renewal of appointment resulting from abuse of authority.]
Keywords:
amount; contract; damages; decision quashed; fixed-term; non-renewal of contract; reinstatement;
Judgment 357
41st Session, 1978
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"A staff member who leaves the [organisation] is supposed to return to his home country and to use there the sum which he has received as compensation for accumulated annual leave. In calculating that sum, therefore, there are no grounds for taking account of benefits and allowances such as post adjustments, which have to be determined in the light of the cost of living at the duty station."
Keywords:
allowance; amount; commutation of accrued leave; criteria; separation from service;
Judgment 349
40th Session, 1978
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 32
Extract:
The complainant was summarily dismissed for disrespectful conduct. His dismissal was out of proportion with the offence. "The Tribunal will not order the reinstatement of the complainant. This could create a difficult situation [...] for which the complainant's abrasive conduct would be partly to blame." Compensation must be substantial: he had indefinite employment in an excellent post and suffered serious economic losses from the loss of employment. "The Tribunal must however take account of the fact that while the complainant's employment with the organisation might have lasted for the rest of his working life, [he was thirty years of age at the time.] There is a risk that a man of his temperament might sooner or later have given just cause for dismissal."
Keywords:
amount; conduct; contract; insubordination; material damages; misconduct; permanent appointment; proportionality; termination of employment;
Judgment 323
39th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 34
Extract:
"[W]hen the organization has calculated a payment of salary and announced it, the officials entitled to it acquire a right which the organization has no power to destroy."
Keywords:
acquired right; amount; salary;
Judgment 320
39th Session, 1977
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
"In principle a complainant whose complaint is allowed in whole or in part is entitled to costs, to be paid by the defendant organisation. There is no need for the complainant to have put in an express claim for such costs. Nor is it material whether he has been assisted or represented by counsel. However, costs are payable only to the extent warranted by the circumstances of the case, that is to say its nature, importance and complexity and the actual contribution made by the complainant or his counsel to the proceedings"
Keywords:
amount; consequence; costs; criteria;
Judgment 311
38th Session, 1977
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The circumstances in which the complainant was transferred are such as to warrant payment of damages for the moral prejudice he suffered. Damages will be fairly set at 10,000 Swiss francs."
Keywords:
amount; moral injury; transfer;
Judgment 306
38th Session, 1977
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complete turn around in assessments of the complainant's work within the space of ten months is unexplainable. The organisation's belated explanations are not borne out by the evidence. "Hence, although the impugned decision cannot be said to have been taken for reasons contrary to the interests of the [service], it is clear at least that the decision drew clearly mistaken conclusions from the facts and should therefore be quashed."
Keywords:
amount; contract; different appraisals; fixed-term; mistaken conclusion; non-renewal of contract; satisfactory service; unsatisfactory service; work appraisal;
Judgment 271
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The organization contends that when reimbursing travel expenses for home leave account must be taken of costs. "These [...] are questions of policy to be solved before the regulation is framed so that the solution can be embodied in the regulation itself. Once framed, the regulation is conclusive on questions of broad principle and personnel policy. [The Director-General's discretionary authority] to apply it only when he is satisfied that the organization is getting its money's worth cannot be derived from its terms."
Keywords:
amount; discretion; enforcement; home leave; limits; organisation's interest; provision; purpose; refund; staff regulations and rules; travel expenses;
Consideration 6
Extract:
"[I]t is permissible for the Director-General to determine that staff members whose home is in the country of their duty station are not eligible, since the visit would not then serve the purpose of maintaining international links. But once it is accepted that, as the Tribunal has held, on its proper construction the regulation provides that eligible members shall be paid the whole cost, it is not permissible for the Director-General to say that in certain circumstances only those members will be eligible who are prepared to pay part of the cost themselves."
Keywords:
amount; condition; dependant; discretion; home leave; limits; rate; refund;
Consideration 4
Extract:
The partial payment of travel expenses would be contrary to the language of the applicable text and inconsistent with the principle of the regulation. "It is agreed that the object of the regulation is not primarily to make a monetary concession to a staff member. It is to the advantage of the organization [...] that staff members should maintain their links with their home countries [...] If the organization pays for only a part of the journey, the principle of home leave will depend on the willingness and ability of the staff member to pay for the rest himself."
Keywords:
amount; home leave; organisation's interest; purpose; rate; refund; travel expenses;
Considerations 4-5
Extract:
"A rule which applies only to the longer journeys may result in links with the more distant countries being lost. Moreover, if the Director-General has power to rule that only a proportion of the cost of the whole journey need be paid, there can be no reason why he should not in all cases fix the proportion at whatever percentage he thinks the organization can afford." [The Tribunal has established that reasonable expenses should be paid for the whole journey.]
Keywords:
amount; consequence; home leave; rate; refund; travel expenses;
Consideration 3
Extract:
"The words [in the material provision] are an abbreviated way of saying that the organization shall pay the reasonable expenses of the journey to and from the home. This means the reasonable expenses for the whole journey and not just a part of it. The Director-General may settle the details of the way in which the regulation is to be applied - he may, for example, rule that reasonable expenses do not cover first-class travel or an indirect route - but he may not alter the sense of it."
Keywords:
amount; home leave; interpretation; organisation's duties; provision; purpose; rate; refund; staff regulations and rules; travel expenses;
Judgment 270
36th Session, 1976
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
If the parents are separated, "payment of [the higher school]allowance is warranted where the child attends school away from the place of residence of the parent with whom he normally lives [...] if [...] the child attends school at the place of residence of the parent who has custody of him, that is a normal situation and there is no reason to pay the allowance at the higher rate. It is immaterial that the parents are separated and that, though living with his mother, the child is a dependant of the father. It is true that in the present case the child's maintenance is in general more costly to the father than it would be if father and son were living together. But that is a consequence not of the choice of school but of the separation of the parents, and the organisation cannot be held liable therefor."
Keywords:
allowance; amount; condition; dependent child; education expenses; parents separated; rate; residence;
Consideration 2
Extract:
The applicable provision provides for a lump-sum payment of travel expenses. "[T]he amount of expenses paid by the organisation will not vary, however often the staff member and his family travel each year from the duty station to the place of origin and whatever means of transport they use."
Keywords:
allowance; amount; refund; travel expenses;
Judgment 264
35th Session, 1975
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complainant is right in claiming from the organisation "reimbursement of the difference between the amount to which she is entitled in respect of her husband and the amount to which her husband is entitled as an employee" of the Railway Corporation. The material provision is applicable, according to the general principles of existing law, even in the absence of express provision, irrespective of the sex of the official. If the official is a woman her husband should benefit from the sickness insurance if he does not himself benefit in his own right from a more favourable or equally favourable scheme.
Keywords:
amount; dependant; difference; health insurance; illness; insurance; medical expenses; right; supplementary coverage;
Judgment 262
35th Session, 1975
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"In principle a complainant whose complaint is allowed in whole or in part is entitled to costs, to be paid by the defendant organisation. There is no need for the complainant to have put in an express claim for such costs. Nor is it material whether he has been assisted or represented by counsel. However, costs are payable only to the extent warranted by the circumstances of the case, that is to say its nature, importance and complexity and the actual contribution made by the complainant or his counsel to the proceedings."
Keywords:
amount; consequence; costs; elements;
Judgment 247
33rd Session, 1974
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 21
Extract:
The Director General erred in law in treating the complainant's attitude towards an official as unsatisfactory service; he erred in law in concluding that at the material time, this official was the complainant's superior or supervisor; in concluding that the complainant was guilty of insubordination, he drew a clearly mistaken conclusion from the facts. "The decision [...] is quashed; the complainant [shall be] paid the increment due to him [...] with interest thereon at 6 per cent per annum."
Keywords:
amount; conduct; flaw; increment withheld; insubordination; interest on damages; material damages; mistaken conclusion; supervisor; unsatisfactory service; working relations;
Judgment 234
32nd Session, 1974
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
Judgment No. 195 ordered the payment of US $20,000 in respect of moral and material damage. The period comprising the delay in payment began one month after the notification of the judgment and ended on the date of payment. "The amount of compensation should be ascertained by taking the difference between the rates as quoted on the international exchanges on these two dates."
Reference(s)
ILOAT Judgment(s): 195
Keywords:
administrative delay; amendment to the rules; amount; exchange rate; injury; material damages; moral injury; payment; period;
Judgment 226
32nd Session, 1974
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
After the period of probation, the complainant was dismissed. "As to the claim for compensation, on which judgment was reserved in Judgment No. 194, the Tribunal considers that the sum [...] offered by the Director-General in his letter [...] is sufficient and therefore decides to award that sum to the complainant."
Reference(s)
ILOAT Judgment(s): 194
Keywords:
acceptance; amount; offer; organisation; probationary period; terminal entitlements; termination of employment; tribunal;
Judgment 223
31st Session, 1973
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The non-renewal decision having to be quashed for misuse of authority, account must be taken of material and moral damage and of the fact that the complainant could not have been retained in service beyond the age of 65. "It would therefore be a fair assessment of the circumstances as a whole to award [...] compensation in an amount of 35,000 Swiss francs, less the sum already granted to him by [the organisation]."
Keywords:
abuse of power; age limit; amount; contract; criteria; fixed-term; material damages; misuse of authority; moral injury; non-renewal of contract; retirement;
Judgment 203
30th Session, 1973
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The decision is quashed. The complainant's reinstatement would be inadvisable. "[H]aving regard to all the circumstances, therefore, in particular to the seriousness of his misbehaviour, the length of his employment, and the amount of his salary and termination benefits, the Tribunal awards the complainant compensation in the amount of one million Italian lira."
Keywords:
amount; contract; criteria; decision quashed; material damages; permanent appointment; proportionality; serious misconduct; termination of employment;
Judgment 176
26th Session, 1971
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"The essence of the moral damage claimed lies in the fact of the abrupt and summary suspension which is not denied. It would not be right to relate the assessment under this head exclusively to the basic salary. Distress and moral prejudice may be as great to a man on a small salary as to a man on a large one. But the rate of salary affords a guideline and the six months' salary offered by the organization under this head is in the opinion of the Tribunal approximately correct."
Keywords:
amount; contract; criteria; fixed-term; injury; moral injury; suspension;
Consideration 3
Extract:
The Statute of the United Nations Administrative Tribunal stipulates that awards of compensation may not exceed a specified amount, in particular in cases of dismissal. "A tribunal without a similar provision in its Statute is not entitled to impose upon an official what would amount in effect to a condition of his employment to which he has not assented."
Keywords:
amount; damages; enforcement; iloat; limits; termination of employment; unat; unat statute;
Consideration 3
Extract:
"The duty of [the] Tribunal, as of every other tribunal unless its Statute otherwise provides, is to fix as compensation the sum which appears to it to be equitable in all the circumstances. If any limit be imposed upon an equitable amount, it necessarily means that the sum awarded will be less than the complainant deserves."
Keywords:
amount; criteria; damages; limits;
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