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Education expenses (341,-666)

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Keywords: Education expenses
Total judgments found: 38

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  • Judgment 4120


    127th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to communicate to him an investigation report concerning the payment of school fees to another employee.

    Judgment keywords

    Keywords:

    education expenses; report; staff representative;



  • 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;



  • 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 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 3781


    123rd Session, 2017
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the EPO’s refusal to reimburse her for school fees paid in respect of two dependent children.

    Judgment keywords

    Keywords:

    dependent child; education expenses;



  • 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 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 3434


    119th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The Tribunal found that the EPO had correctly concluded that the complainant was not entitled to the reimbursement he claimed for the school fees of his children.

    Judgment keywords

    Keywords:

    education expenses;



  • Judgment 3358


    118th Session, 2014
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant, who has dual nationality, impugns the cessation of the payment of an education allowance on the ground that he was a national of the country in which he served.

    Judgment keywords

    Keywords:

    education expenses;



  • 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 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;



  • Judgment 2638


    103rd Session, 2007
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "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 [...])."

    Reference(s)

    ILOAT Judgment(s): 2313

    Keywords:

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



  • Judgment 2637


    103rd Session, 2007
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 16

    Extract:

    "So far as concerns the education grant, the argument of discrimination against persons who are the children of international civil servants must [...] be rejected. [The Tribunal considers that] the purpose of the grant is not to confer a financial benefit but to enable a child of a staff member to be educated in the mother tongue of his or her parent and, ordinarily, that will be the language of the country with which the staff member has the closest connection."

    Keywords:

    allowance; breach; dependent child; education expenses; equal treatment; international civil servant; nationality; parent; place of origin; purpose; same;

    Consideration 14

    Extract:

    "[I]t is convenient to note the different but related purposes of home leave and education grant. The purpose of home leave is not to confer a financial benefit or to make a monetary concession (see Judgment 937). Rather, as pointed out in Judgment 2389, it is 'to enable staff members who, owing to their work, spend a number of years away from the country with which they have the closest personal or material ties to return there in order to maintain those connections'. Similarly, the purpose of the education grant is made explicit by UN Staff Regulation 3.2(c), namely, to provide for a staff member 'serving in a country whose language is different from his or her own and who is obliged to pay tuition for the teaching of the mother tongue to a dependent child attending a local school in which the instruction is given in a language other than his or her own'."

    Reference(s)

    ILOAT Judgment(s): 937, 2389

    Keywords:

    allowance; dependent child; difference; duty station; education expenses; home leave; international civil servant; nationality; organisation's interest; payment; period; place of origin; purpose; rule of another organisation; same;

    Consideration 22

    Extract:

    The complainant requests that the effective date of the administration's decision to grant her international status be changed to December 1991 instead of August 2005. "[I]t may be noted that, exceptionally, retroactive effect may be granted to a decision where the effect is favourable to a staff member (see Judgment 1130). In the present case, however, a grant of retroactivity would confer no benefit on the complainant either in relation to home leave or education grant. In the circumstances, the rule against retroactivity should be applied."

    Reference(s)

    ILOAT Judgment(s): 1130

    Keywords:

    allowance; amendment to the rules; claim; date; decision; education expenses; effect; enforcement; exception; general principle; home leave; international civil servant; non-local status; non-retroactivity; staff member's interest; withdrawal of decision;



  • Judgment 2357


    97th Session, 2004
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "Where a person seeks to bring himself or herself within an exception to a general rule - here, the rule that an education allowance is not payable to persons serving in their own country - it is for that person to establish that he or she falls within the exception."

    Keywords:

    allowance; burden of proof; condition; duty station; education expenses; exception; international civil servant; nationality; written rule;

    Consideration 4

    Extract:

    "It was said in Judgments 1835, 1836 and 1837 that the application of Article 71(2)[regarding the conditions of award of an education allowance] 'is at the discretion of the President of the Office'. It is not strictly accurate to describe a decision as to the application of Article 71(2) as discretionary. The question whether a particular school or university corresponds to a 'child's educational stage' is essentially a question of fact, albeit one that may, in some circumstances, permit of a value judgment. However, because of the nature of that question, a decision under Article 71(2) is subject to limited review on the same grounds as a discretionary decision properly so called. Thus, it will be reviewed only for procedural error, mistake of fact or law, the drawing of a clearly mistaken conclusion or misuse of authority. In particular, this Tribunal will not substitute its view of the facts for that reached by the President."

    Reference(s)

    Organization rules reference: Article 71(2) of the Service Regulations for Permanent Employees of the EPO
    ILOAT Judgment(s): 1835, 1836, 1837

    Keywords:

    allowance; case law; condition; decision; discretion; education expenses; enforcement; executive head; grounds; interpretation; judicial review; limits; mistake of fact; mistaken conclusion; misuse of authority; procedural flaw; provision; same; staff regulations and rules;



  • Judgment 2016


    90th Session, 2001
    Organisation for the Prohibition of Chemical Weapons
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "As emphasised by the [organisation], the applicable interim Staff Rules provide that the education grant is calculated on the basis of expenses actually incurred. The complainant cannot therefore claim grants calculated on the hypothetical basis of the costs that would have been incurred had he remained in service."

    Keywords:

    allowance; application for execution; burden of proof; condition; education expenses; evidence; family allowance;



  • Judgment 1784


    86th Session, 1999
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    "Under Manual paragraph I.2.510 the Organization is empowered to require that the original bills be attached to the form that the staff member must fill up to claim the education grant. It does not have to accept evidence of the sort the complainant is offering. It will evaluate any alternative proof he may produce in the absence of the bills. Original documents must have gone astray before, and it is often possible to reconstitute them. It is up to the Organization to decide - subject to review by the Tribunal - whether the proof offered is satisfactory."

    Reference(s)

    Organization rules reference: PARAGRAPH I.2.510 OF WHO MANUAL

    Keywords:

    admissibility of evidence; allowance; application for execution; appraisal of evidence; burden of proof; complainant; disclosure of evidence; discretion; education expenses; evidence; judicial review; lack of evidence;



  • Judgment 1366


    77th Session, 1994
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 13 and 14

    Extract:

    The complainant's education grant gave rise to an overpayment. He pleads that there is a time limit for the recovery of overpayments. The UPU observes that "any payment made in error may be recovered" but it has nevertheless waived some of the sum due. "In the circumstances the time limit the union has set is much to the complainant's advantage and his plea under this head therefore fails."

    Keywords:

    amount; education expenses; recovery of overpayment; refund; time bar; time limit; unjust enrichment;

    Considerations 11 and 12

    Extract:

    The complainant's education allowance gave rise to an overpayment. He alleges breach of the rule against retroactivity. "He is wrong. [...] What is at issue is the recovery of overpayments; and the complainant [...] must have been aware of the patent disproportion between the advances he was receiving and the education expenses he had actually incurred. So he may not properly plead any mistake in interpretation."

    Keywords:

    amount; education expenses; non-retroactivity; recovery of overpayment; refund; unjust enrichment;

    Consideration 10

    Extract:

    The complainant's education grant gave rise to an overpayment. "He seeks to justify his behaviour by pleading that other staff members had done the same. The plea fails because equality in law does not embrace equality in the breach of it."

    Keywords:

    amount; education expenses; equal treatment; refund; unjust enrichment;



  • Judgment 1347


    77th Session, 1994
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 15 and 16

    Extract:

    The complainant received a study allowance for her tuition costs in an amount greater than she was entitled to. The PAHO asked her to repay the overpayment and took away some of her responsibilities. She regards the removal of certain responsibilities as unwarranted disciplinary action. But "the PAHO was entitled to take administrative action to prevent lapses in the future. Changing her duties for those reasons may not be regarded as a disciplinary measure either."

    Keywords:

    allowance; amendment to the rules; disciplinary measure; education expenses; organisation's interest; post description; recovery of overpayment; unjust enrichment;

    Consideration 13

    Extract:

    The complainant received financial aid from the PAHO to pursue her studies. Her university waived part of her tuition fees so that the cost to her was less than the amount she collected. "The conclusion is that she did not take sufficient care to make full disclosure to the organization of the assistance given by the university."

    Keywords:

    allowance; amount; duty to inform; education expenses; refund; staff member's duties; unjust enrichment;

    Consideration 14

    Extract:

    The complainant received financial aid from the PAHO to pursue her studies. Her university waived part of her tuition fees so that the cost to her was less than the amount she collected. "Having obtained financial benefits to which she was not entitled, the complainant was under an obligation to refund the over-payments and the PAHO was entitled to recover them."

    Keywords:

    allowance; amount; education expenses; recovery of overpayment; refund; unjust enrichment;



  • Judgment 1118


    71st Session, 1991
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 18 and 19

    Extract:

    The complainants seek the quashing of a 1.25 per cent "reduction" in the repayment of education expenses in keeping with a decision taken by Eurocontrol's Permanent Commission to bring in a 5 per cent differential between net pay at Eurocontrol and net pay in the European Communities. The Tribunal holds that "the objection that there has been no statement of the reasons is unsound: the staff have known all along the reasons for the adjustments, which have been fully discussed in the context of the cases. There was therefore no need to state reasons for the individual decisions [...]. The Tribunal may [not] review the reasons of policy underlying the general decision." Besides, the reasons fall within the ambit of Article 65.

    Reference(s)

    Organization rules reference: ARTICLE 65 OF THE EUROCONTROL STAFF REGULATIONS

    Keywords:

    adjustment; competence of tribunal; duty to substantiate decision; education expenses; general decision; grounds; individual decision; judicial review; reduction; refund; salary;

    Consideration 25

    Extract:

    "According to Articles 62 and 67 of the Staff Regulations, one item of pay is family allowances; they include the education allowance, of which education expenses form a part, and, contrary to what the complainants make out, the fact that such expenses are paid on the strength of supporting evidence does not make the education allowance as a whole any less an item of pay."

    Reference(s)

    Organization rules reference: ARTICLES 62 AND 67 OF THE EUROCONTROL STAFF REGULATIONS

    Keywords:

    education expenses; elements; family allowance; refund; salary;



  • Judgment 1096


    70th Session, 1991
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    In Judgment 963 the Tribunal set aside in part an initial reduction in the rate of refund of educational expenses at Eurocontrol insofar as the reduction was given retroactive effect. The present complaints challenge the second reduction. Recalling a recurring principle in the case law (see Judgments 726 and 825) that "a reduction in pay may not be so great as to disrupt the structure of the terms of appointment and that there must be sound reasons for it", the Tribunal orders further submissions in which the defendant organisation shall explain in greater detail the favourable effects of the measure.

    Reference(s)

    ILOAT Judgment(s): 726, 825, 963

    Keywords:

    duty to substantiate decision; education expenses; further submissions; interlocutory order; reduction; refund; salary;

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Last updated: 19.09.2019 ^ top