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Allowance (330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358,-666)

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Keywords: Allowance
Total judgments found: 118

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  • Judgment 4119


    127th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision of the President of the Office to amend the wording of a circular in respect of the age limit for the payment of a dependants’ allowance.

    Judgment keywords

    Keywords:

    allowance; dependent child; education expenses; general decision;

    Consideration 4

    Extract:

    The Tribunal’s case law consistently holds that a member of staff cannot challenge, by way of a complaint in the Tribunal, a general decision unless and until it is applied to that staff member with adverse legal consequences (see Judgment 4016, consideration 5, and the case law cited therein). That case law is rooted in the provisions of the Tribunal’s Statute. The Tribunal’s jurisdiction is to deal with disputes concerning, relevantly, the alleged non-observance of the Staff Regulations or of the official’s terms of appointment. In a case such as the present there would have been, at least arguably, a non-observance of the Service Regulations at the moment the complainant was not paid the allowance because of the age of his children. That might have been so because, amongst other reasons, the amendment was not lawfully made or the Service Regulations, properly construed, conferred the allowance beyond the time identified in the amended Circular. However before the payment of the allowance ceased, no issue would arise about the non-observance of the Service Regulations. In the result, this complaint is irreceivable and will be dismissed.

    Reference(s)

    ILOAT Judgment(s): 4016

    Keywords:

    allowance; cause of action; general decision; receivability of the complaint;



  • Judgment 4116


    127th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the rejection of his request for payment of an education allowance for his children.

    Judgment keywords

    Keywords:

    allowance; education expenses;



  • Judgment 4090


    127th Session, 2019
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the processing of his application for a disability benefit and the calculation of his sick leave entitlements.

    Consideration 10

    Extract:

    Even accepting, for present purposes, that the field of operation of the Flemming principle would comprehend, as an aspect of establishing appropriate levels of pay, payment of sick leave entitlements, it is not appropriate to isolate one element of salary only and compare that element with prevailing local conditions. As the Tribunal observed in Judgment 1334, consideration 24, “[the Flemming principle] offers [...] a guide for setting general levels of pay for local staff: it offers no basis for claims about any particular component of such pay”.

    Reference(s)

    ILOAT Judgment(s): 1334

    Keywords:

    allowance; flemming principle; local status; salary; sick leave;



  • Judgment 4073


    127th Session, 2019
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the reduction of the rate of the expatriate premium paid to her.

    Judgment keywords

    Keywords:

    acquired right; allowance;



  • Judgment 4046


    126th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the rejection of his claim for an invalidity allowance.

    Judgment keywords

    Keywords:

    allowance; invalidity;



  • Judgment 3883


    124th Session, 2017
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants contest the implementation of new salary scales as from March 2012 in Bangkok.

    Consideration 23

    Extract:

    [W]hat relief can be granted by the Tribunal is governed by Article VIII of the Tribunal’s Statute that confers and defines its jurisdiction. That provision clearly contemplates that if a complainant establishes that a decision was unlawfully made, the decision can be rescinded. [H]owever, it contemplates that if the rescission of a decision is not “advisable”, then the Tribunal “shall award the complainant compensation for the injury caused to her or him”. Plainly enough following this latter course depends on the opinion and assessment of the Tribunal in the exercise of what, in substance, is a discretionary power (see Judgment 1419, consideration 24).

    Reference(s)

    ILOAT reference: Article VIII of the Statute
    ILOAT Judgment(s): 1419

    Keywords:

    allowance; iloat statute;



  • Judgment 3793


    123rd Session, 2017
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to grant him a dependants’ allowance for his mother.

    Judgment keywords

    Keywords:

    allowance; dependant;



  • Judgment 3789


    123rd Session, 2017
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the rejection of her requests for payment of an education allowance for her children.

    Judgment keywords

    Keywords:

    allowance; education expenses;



  • Judgment 3693


    122nd Session, 2016
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the EPO’s implied rejection of his internal appeals against the decision not to grant him the expatriation allowance retroactively and the decision to cease paying him the allowance.

    Judgment keywords

    Keywords:

    allowance; internal appeal;



  • Judgment 3690


    122nd Session, 2016
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants contest the deduction of maternity leave periods from the time taken into account for the payment of a collective reward to staff in active service during 2011.

    Judgment keywords

    Keywords:

    allowance; joinder; maternity leave;



  • Judgment 3658


    122nd Session, 2016
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the amount of the transitional allowance paid to him following his admission to the early termination of service scheme.

    Judgment keywords

    Keywords:

    allowance; early retirement;



  • Judgment 3541


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the lower rate applied by the EPO to the retroactive payment of the lump sum education allowance for her stepchildren.

    Judgment keywords

    Keywords:

    allowance; education expenses;



  • Judgment 3540


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the Administrative Council's decision which replaced the invalidity pension by the invalidity allowance.

    Judgment keywords

    Keywords:

    allowance; contributions; disability benefit; joinder;



  • Judgment 3539


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the EPO’s decision to reject his requests for childcare allowances.

    Judgment keywords

    Keywords:

    allowance; child's benefit;



  • Judgment 3533


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants, who are married and have children, contest the decision to pay only to one of them at a time the child supplement to the expatriation allowance.

    Judgment keywords

    Keywords:

    allowance; dependent child; joinder;



  • Judgment 3532


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the rejection of her home loan supplement in respect of her dependent children.

    Judgment keywords

    Keywords:

    allowance; dependent child;



  • Judgment 3523


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to discontinue the payment of the education allowance for her son.

    Judgment keywords

    Keywords:

    allowance; dependent child; education expenses; permanent;



  • Judgment 3310


    117th Session, 2014
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant asks for the recalculation of an education allowance by reference to the dependent handicapped child allowance (instead of on the basis of the dependent child allowance).

    Judgment keywords

    Keywords:

    allowance; dependent child; education expenses; handicapped person;



  • Judgment 3223


    115th Session, 2013
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns a decision on which the Tribunal already ruled in Judgment 2881 and which is res judicata.

    Consideration 6

    Extract:

    "[T]he Tribunal considers that, by virtue of the adversarial principle, an employer organisation may not raise an objection to an internal appeal filed by a staff member unless that person is able to express his or her views on the merits of the objection. As the [organisation] points out, Staff Rule 11.1.1, paragraph 4, makes no provision for a staff member to file a rejoinder with the Appeal Board; however, nor does it rule out this possibility, and it does not therefore preclude the submission of a rejoinder by the person concerned in accordance with the requirements of the adversarial principle. [...]
    The internal appeal proceedings were [thus] tainted with a flaw which, contrary to the [organisation]’s submissions, cannot be redressed in proceedings before the Tribunal. In the particular circumstances of the case, the Tribunal will not, however, set aside the impugned decision, but it will grant the complainant compensation in the amount of 1,000 euros for the moral injury caused by this flaw."

    Reference(s)

    Organization rules reference: Paragraph 4 of ITU Staff Rule 11.1.1

    Keywords:

    adversarial proceedings; allowance; breach; compensation; complaint allowed in part; discretion; general principle; iloat; internal appeal; internal appeals body; moral injury; no provision; organisation's duties; procedural flaw; procedure; refusal; rejoinder; reply; request by a party; res judicata; right; right to reply; staff regulations and rules;



  • Judgment 3195


    115th Session, 2013
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant unsuccessfully impugns the decision to stop paying him the education allowance for his daughter.

    Judgment keywords

    Keywords:

    allowance; education expenses;

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Last updated: 07.06.2019 ^ top