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Compensatory allowance (332,-666)

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Keywords: Compensatory allowance
Total judgments found: 22

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  • Judgment 4020


    126th Session, 2018
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the denial of his second request to benefit from the temporary early termination of service scheme and the implied decision to reject his claim for compensation.

    Judgment keywords

    Keywords:

    compensatory allowance;



  • Judgment 4018


    126th Session, 2018
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision no longer to pay him an expatriation allowance.

    Judgment keywords

    Keywords:

    compensatory allowance; complaint allowed; payment;



  • Judgment 3271


    116th Session, 2014
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The application for interpretation of Judgment 2938 is rejected by the Tribunal, while the application for execution of the same judgment is allowed.

    Judgment keywords

    Reference(s)

    ILOAT Judgment(s): 2938

    Keywords:

    compassionate leave; compensatory allowance; reckoning; reinstatement;



  • Judgment 3259


    116th Session, 2014
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The application for execution of Judgments 2830 and 3014 was rejected by the Tribunal.

    Judgment keywords

    Reference(s)

    ILOAT Judgment(s): 2830, 3014

    Keywords:

    compensatory allowance; decision quashed; organisation's duties; reinstatement; termination of employment;



  • Judgment 3020


    111th Session, 2011
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    WTO Staff Rule 106.11 provides that "[n]ational income tax on salaries, allowances, indemnities or grants paid by the WTO shall be refunded to the staff member by the WTO." The complainant considers that her salary is indirectly taxed, because it is included in the assessment of her husband's rate of income tax. The Organization rejected her claims for reimbursement of what she describes as "over-taxation by the Swiss tax authorities". The Tribunal holds that "[t]he refusal to provide compensation for the additional amount of tax unfairly levied on the couple's income solely because of the complainant's earned income, although it was exempt from taxation, would have a paradoxical effect. A rule designed to guarantee equal wages would lead to unjustifiable inequality between an official whose earned income was unduly taxed although it was by law exempt from taxation and an official whose tax-exempt salary was taken into account for assessment purposes, thus reducing his/her spouse's disposable income after tax and therefore his/her economic capacity from which the official living with him/her naturally benefits. The impugned decision is therefore unlawful."

    Reference(s)

    Organization rules reference: WTO Staff Rule 106.11

    Keywords:

    allowance; breach; compensatory allowance; complaint allowed; complaint allowed in part; decision quashed; deduction; domestic law; effect; equal treatment; grounds; international civil servant; marital status; organisation; payment; purpose; rate; reckoning; recovery of overpayment; reduction; refund; refusal; request by a party; safeguard; salary; staff regulations and rules; status of complainant; tax; written rule;



  • Judgment 2925


    109th Session, 2010
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "Although the purpose of the expatriation allowance has variously been described as that of "grant[ing] an allowance to [an] official who has no affinity with the country of his duty station" (Judgment 1150, under 6), to 'take account of certain disadvantages arising from being a foreigner newly installed in a country" (Judgment 1864, under 6), and to "compensate for certain disadvantages suffered by officials who are obliged to leave their country of origin and settle abroad' (Judgment 2864, under 3(a)), it is, perhaps, more appropriate to identify its purpose in terms of persons who have left their permanent home in one country to take up employment in another."

    Reference(s)

    ILOAT Judgment(s): 1150, 1864, 2864

    Keywords:

    allowance; compensatory allowance; definition; duty station; home; residence;



  • Judgment 2129


    93rd Session, 2002
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    "The complainants [state] that, according to the Tribunal's case law (see Judgment 1821, for example), adjustments to international civil servants' salaries must satisfy objective criteria of stability, foreseeability and transparency. The Tribunal considers that this line of precedent - concerning the determination of staff salaries, which is necessarily governed by very strict rules - is not entirely applicable to the determination of allowances granted for a specific purpose, such as that of covering expenses incurred by staff members on travel status. Even if it claims to be acting in the exercise of its discretion, and although the legal framework surrounding its action remains vague or non-existent, the administration must base its decisions on objective considerations and avoid breaching any of the guarantees protecting the independence of international civil servants."

    Reference(s)

    ILOAT Judgment(s): 1821

    Keywords:

    adjustment; allowance; analogy; breach; case law; compensatory allowance; compensatory measure; criteria; decision; discretion; duty to substantiate decision; grounds; independence; international civil servant; no provision; official travel; organisation's duties; purpose; safeguard; salary; travel expenses; written rule;

    Consideration 14

    Extract:

    The Organization's Regional Office was transferred from Brazzaville (Congo) to Harare (Zimbabwe). The amount of the per diem the complainants were paid was progressively reduced. "Since the travel per diem is merely intended to cover the essential expenses of a staff member on duty travel, including lodging and food, a high rate of travel per diem cannot be justified where duty travel, which by nature implies that the staff member will continue to work primarily at his or her original duty station, lasts for two years or more."

    Keywords:

    allowance; amount; assignment; compensatory allowance; compensatory measure; extension; international civil servant; payment; period; place of origin; purpose; rate; reduction; transfer; travel expenses;



  • Judgment 1616


    82nd Session, 1997
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The mere remittance of pay does not meet the requirement of notice "unless the parties to the contract of service agree that the employee should not work out the period of notice or the Organisation puts him on special leave during that period. Failing those exceptions the employee must be given actual notice so that he may make proper arrangements for leaving and possibly look for another job. It is inadmissible that any official, let alone an established one, should be told of dismissal on the very day on which it takes effect and left to his own devices without further ado."

    Keywords:

    case sent back to organisation; compensatory allowance; complaint allowed; complaint allowed in part; contract; decision quashed; effect; exception; notice; organisation's duties; permanent; purpose; special leave; staff member's interest; termination of employment;



  • Judgment 1614


    82nd Session, 1997
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    The complainant's appointment was terminated after the Organisation abolished her post. Although the organisation knew it had a duty to look into possibilities of reassignment "it had not 'seriously' done so during the period of notice, as the rules required [as stated under Personnel Policies Manual Article 5.7.11(b)], or even afterwards. Indeed it has acknowledged by implication its failure to comply with that duty: why else offer her 'additional compensation' in relief? The plea succeeds and for that reason alone the impugned decision must be set aside."

    Reference(s)

    Organization rules reference: ARTICLE 5.7.11(B) OF IFAD PERSONNEL POLICIES MANUAL

    Keywords:

    abolition of post; compensatory allowance; complaint allowed; complaint allowed in part; decision quashed; organisation's duties; reassignment; staff regulations and rules; termination of employment;



  • Judgment 1334


    76th Session, 1994
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 27

    Extract:

    "The Tribunal must make it plain that it will not interfere in the Agency's exercise of its discretion to determine the sort of additional duties or constraints that earn special compensation over and above the payment of salary for the performance of normal duties. Nor, if the Agency believes special compensation to be warranted, will the Tribunal, save in obviously anomalous cases, rule on the form such compensation should take or the arrangements for granting it."

    Keywords:

    compensatory allowance; complaint allowed; decision quashed; discretion; judicial review; limits; proportionality; salary;

    Consideration 22

    Extract:

    "The purpose of the case law [on acquired rights] is to safeguard the substance of the staff's pay and pensions in the event of amendments to the material rules. The supplementary benefits were intended to afford compensation for constraints that at the time were not part of the complainant's ordinary duties." There was no breach of acquired rights.

    Keywords:

    acquired right; amendment to the rules; base salary; case law; compensatory allowance; complaint allowed; decision quashed; discontinuance; pension; staff regulations and rules;



  • Judgment 1157


    72nd Session, 1992
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 7 and 8

    Extract:

    "The first factor of material damages is the complainant's administrative and financial status at the date of dismissal. [...] the second factor is how he has fared since dismissal: else he may obtain unjust enrichment."

    Keywords:

    compensatory allowance; complaint allowed; injury; material injury; termination of employment; unjust enrichment;



  • Judgment 1156


    72nd Session, 1992
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 7 and 8

    Extract:

    "The first factor of material damages is the complainant's administrative and financial status at the date of dismissal. [...] The second factor is how she has fared since dismissal: else she may obtain unjust enrichment."

    Keywords:

    compensatory allowance; complaint allowed; injury; material injury; termination of employment; unjust enrichment;



  • Judgment 1155


    72nd Session, 1992
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 4 and 5

    Extract:

    "The first factor of material damages is [the complainant's] administrative and financial status at the date of dismissal [...]. Information is [also] needed on what he has been doing since leaving the organization: else he may obtain unjust enrichment. Interpol sought information from him on that score but he refused to give it. That being his attitude, any claim from him for loss of earnings cannot but fail."

    Keywords:

    compensatory allowance; injury; material injury; staff member's duties; termination of employment; unjust enrichment;



  • Judgment 1145


    72nd Session, 1992
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "Notwithstanding the terms of 4.6(d) the practice in the ILO is to give at least two months' notice of non-renewal of a fixed-term appointment. The Organisation admits that the practice was not followed in the complainant's case but points out that he got compensation for its mistake in the form of another two months' pay. The Tribunal holds such compensation to be adequate".

    Reference(s)

    Organization rules reference: ARTICLE 4.6(D) OF THE ILO STAFF REGULATIONS

    Keywords:

    compensatory allowance; contract; fixed-term; non-renewal of contract; notice; practice;



  • Judgment 1107


    71st Session, 1991
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The complainant, who joined CERN as a fireman, was transferred from a night-shift post to one confined to day work. The offer of the new post said that staff who gave up shift work could be compensated for loss of the shift allowance at digressive rates over three years. The Director- General decided to grant him compensation over a period of only one year. The Tribunal sets the decision aside on the grounds that "an offer of appointment holds good until it is withdrawn or accepted in good faith and without qualification, when it amounts to a contract."

    Keywords:

    acceptance; appointment; binding character; compensatory allowance; compensatory measure; complaint allowed; contract; decision quashed; elements; good faith; offer; reduction; salary; transfer;



  • Judgment 1022


    69th Session, 1990
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "The main purpose of notice of termination is to protect someone who has his appointment terminated from sudden action that might put him in an awkward plight. Either he may go on working throughout the period or else he may be paid compensation in lieu. In any event there is nothing compulsory about compensation."

    Keywords:

    compensatory allowance; notice; purpose; separation from service;



  • Judgment 1021


    69th Session, 1990
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    Vide Judgment 1022, consideration 8.

    Reference(s)

    ILOAT Judgment(s): 1022

    Keywords:

    compensatory allowance; notice; purpose; separation from service;



  • Judgment 1020


    69th Session, 1990
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    After initially accepting the organization's offer of transfer made in connection with its headquarters move, the complainants changed their minds. Their appointments were then terminated. The organization calculated the period of notice as if they had turned the transfer offers down from the start. The complainants argue that the period of notice must run from the day they made their position known and that they are therefore entitled to compensation. The Tribunal holds that such an interpretation runs counter to the applicable provisions since the organization's intention was to treat all staff members who refused the offer of transfer in the same way, whatever the date of their refusal.

    Keywords:

    compensatory allowance; compensatory measure; notice; refusal; start of time limit; termination of employment; time limit; transfer; transfer of headquarters;



  • Judgment 1019


    69th Session, 1990
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    Vide Judgment 1020.

    Reference(s)

    ILOAT Judgment(s): 1020

    Keywords:

    compensatory allowance; compensatory measure; notice; refusal; start of time limit; termination of employment; time limit; transfer; transfer of headquarters;



  • Judgment 897


    64th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    Following a promotion, the complainant was no longer entitled to a language allowance. In its place she was awarded a compensatory payment after an eighteen month delay. She regards the language allowance as part of her salary and seeks the grant of a further step. As in Judgment 737 the Tribunal dismisses her claims but awards her costs because of the delay in payment of compensation to which she was entitled.

    Reference(s)

    ILOAT Judgment(s): 737

    Keywords:

    administrative delay; compensatory allowance; compensatory measure; consequence; costs; discontinuance; language allowance; payment; promotion; reduction; salary;

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Last updated: 04.06.2020 ^ top