Social benefits (400, 423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 434, 435, 436, 974, 485, 486, 487, 488, 489, 670,-666)

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Keywords: Social benefits
Total judgments found: 19

• Judgment 3635

  
  122nd Session, 2016
  Centre for the Development of Enterprise
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainants have filed applications for execution of Judgment 3238.

  Consideration 6

  Extract:

  It is clear from the wording of that consideration [...] that the sums equivalent to the various social contributions listed therein were to be paid directly to the complainants, and not to the institutions which normally receive such contributions. Indeed, this is the approach usually taken by the Tribunal where, as in the present case, staff members whose dismissal has been set aside are not reinstated in the employer organisation, because the social contributions that are due to such institutions by virtue of an employment relationship are devoid of any basis once this relationship ends.

  Keywords:

  application for execution; material damages; social benefits;
  

  
  
  

• Judgment 3633

  
  122nd Session, 2016
  Global Fund to Fight AIDS, Tuberculosis and Malaria
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The Global Fund has filed an application for review of Judgments 3506 and 3507.

  Consideration 3

  Extract:

  [T]he arguments advanced in the application merely lead the Tribunal to observe, and deplore, the Global Fund’s continuing desire to disregard its responsibilities as an international organisation. If, as the Global Fund contends, its contract with the insurance company deprived it of any means of oversight over the company’s claims administration, it could only be concluded that the Global Fund had seriously neglected its duties towards its staff by entering into the contract, and it therefore cannot legitimately rely on this argument.

  Keywords:

  social benefits;
  

  
  
  

• Judgment 3507

  
  120th Session, 2015
  Global Fund to Fight AIDS, Tuberculosis and Malaria
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant requests the payment of various sums in consequence of the decision to grant her a permanent disability benefit.

  Consideration 5

  Extract:

  "Contrary to the Fund’s contentions, under Article II, paragraph 5, of its Statute, the Tribunal is indeed competent to rule on this submission, because international civil servants are entitled to a modicum of social protection and may therefore claim such protection on the basis of the staff regulations to which they are subject and their terms of appointment. […] [T]here is no principle of social protection requiring full compensation for loss of earnings. The risk coverage offered by an organisation’s insurance scheme may well be only partial (see Judgment 2976, under 11) and rules limiting or setting a ceiling to the amount of the benefits paid are therefore perfectly lawful (see Judgment 1094, under 24)."

  Reference(s)

  ILOAT Judgment(s): 1094, 2976
  

  Keywords:

  social benefits;
  

  
  
  

• Judgment 3320

  
  117th Session, 2014
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant impugns the decision to reduce the amount of her unemployment allowance on the grounds that she was also receiving a similar allowance under a national scheme.

  Judgment keywords

  Keywords:

  complaint dismissed; social benefits;
  

  
  
  

• Judgment 3203

  
  115th Session, 2013
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complaint is directed at the Secretary-General’s decision to refuse to recognise same-sex marriages.

  Consideration 8

  Extract:

  "It is true that the case law of the Tribunal on the question of benefits for same-sex partners has developed in the last decade. This is illustrated by Judgment 2860. Indeed, there are opinions of individual judges concluding that staff rules denying access to dependency benefits to same-sex partners are unenforceable because they violate fundamental principles of law (see, for example, the dissenting opinion of Justice Hugessen in Judgment 2193)."

  Reference(s)

  ILOAT Judgment(s): 2193, 2860
  

  Keywords:

  case law; definition; dependant; difference; enforcement; family allowance; interpretation; marital status; provision; same-sex marriage; social benefits; staff regulations and rules;
  

  
  
  

• Judgment 3080

  
  112th Session, 2012
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 14

  Extract:

  "[A] passing reference to "husband" or "wife" in the Staff Rules is not sufficient to warrant interpreting all the relevant provisions thereof as denying same-sex spouses the entitlements concerned (see Judgment 2590 [...], under 6)."

  Reference(s)

  ILOAT Judgment(s): 2590
  

  Keywords:

  dependant; interpretation; marital status; medical expenses; provision; same-sex marriage; social benefits; staff regulations and rules;
  

  
  
  

• Judgment 3019

  
  111th Session, 2011
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  Automatic coverage of spouses under the Organisation's long-term health insurance / Obligation to file a waiver declaration.
  "The automatic coverage applied by the Implementing Rules cannot be deemed unreasonable. It is clear that under the system chosen by the Organisation some staff members may be slightly financially penalised if they fail to opt out of the scheme, as their automatic coverage will entail consequent deductions from their salaries. However, in evaluating the possible outcome resulting from automatic coverage and that resulting from a lack of coverage, the Organisation evidently considered that the outcome could be worse in the latter situation as staff members who neglected to enrol their spouses in the long-term care insurance scheme could suffer the severe financial consequences of not being insured when the need arose, and the Tribunal cannot regard the Organisation's choice as unreasonable."

  Keywords:

  deduction; dependant; health insurance; insurance; medical expenses; organisation; practice; salary; social benefits;
  

  
  
  

• Judgment 2732

  
  105th Session, 2008
  International Organization for Migration
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  "The Tribunal rejects the complainant's assertion that the Staff Regulations and Staff Rules did not form part of her contract. The complainant's contract stipulated: '[y]our terms of employment, benefits and obligations will be those stated in [the] letter [of appointment], in the Staff Regulations and Staff Rules [...]'. Thus, it is clear that the Staff Regulations and Staff Rules were specifically incorporated by reference into her contract. As to her claim that she did not have access to the Staff Regulations and Staff Rules, the complainant could have requested a copy thereof before signing the contract but did not do so."

  Keywords:

  contract; request by a party; social benefits; staff member's duties; staff regulations and rules; terms of appointment;
  

  
  
  

• Judgment 2643

  
  103rd Session, 2007
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  The complainant, a British national, entered into a "Civil Solidarity Contract" (PACS) under French law with his same-sex partner and had his partnership registered under the Civil Partnership Act applicable to British citizens. The ITU refused to recognise his partner as his dependent spouse for determination of the benefits pertaining to that status. "The Tribunal has accepted in several recent judgments that same-sex marriages (see Judgment 2590) and unions taking the form of 'registered partnerships' must be recognised where the national legislation applicable to the staff member concerned allows persons who have contracted such unions to be treated as 'spouses' (see Judgments 2549 and 2550). The important difference between the present case and those previously decided lies in the fact that the ITU Staff Regulations and Staff Rules explicitly define the concept of spouses as denoting husband and wife in a large number of provisions, and that, contrary to the situations examined in Judgments 2549 and 2550, the ITU refuses to accept that same-sex unions lawfully contracted under the national legislation of the official concerned may be taken into consideration for the purpose of applying the Staff Regulations and Staff Rules. It follows that the defendant was not wrong in asserting that, in the light of the case law and the applicable Regulations and Rules as they currently stand, the Secretary-General was barred from giving the term 'spouse' the broad interpretation requested."

  Reference(s)

  ILOAT Judgment(s): 2549, 2550, 2590
  

  Keywords:

  applicable law; case law; definition; dependant; difference; domestic law; enforcement; family allowance; interpretation; judgment of the tribunal; marital status; provision; purpose; refusal; same-sex marriage; social benefits; staff regulations and rules; written rule;
  

  
  
  

• Judgment 2549

  
  101st Session, 2006
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 10, 11 and 13

  Extract:

  The complainant, a Danish national, was employed by the ILO from 3 January 2002 to 2 January 2005. She had entered into a registered partnership with her same-sex partner. On taking up her functions, she submitted a Certificate of Registered Partnership drawn up in accordance with the Danish Act on registered partnership and asked to be granted dependency benefits, designating her partner as her spouse. Her request was rejected. The Office stated that it was "in a position to recognise same-sex marriages immediately where the legislation of the country of the staff member's nationality recognises such marriages." It has in fact recently recognised such same-sex marriages where the national legislation defines same-sex marriages as spousal relationships.
  "The question is whether the broad interpretation of the term 'spouse' already given by the Office in the case of a marriage recognised by the legislation of the country of the staff member's nationality should have been extended to unions between same-sex partners which are not expressly designated as marriages under the national law of the staff member concerned. The Tribunal feels that a purely nominalistic approach to this issue would be excessively formalistic and is inappropriate in view of the fact that the situation varies from one country to another and that great care must be taken not to treat officials placed in comparable situations unequally: it is not because a country has opted for legislation that admits same-sex unions while refusing to describe them as marriages that officials who are nationals of that State should necessarily be denied certain rights. As pointed out in Judgment 1715 [...], there may be situations in which the status of spouse can be recognised in the absence of a marriage, provided that the staff member concerned can show the precise provisions of local law on which he or she relies. It is therefore necessary to determine whether in the present case the provisions of Danish law enable the complainant and her partner to be considered as 'spouses' in the meaning of the applicable regulations."
  After having examined the provisions of the Danish Act on registered partnership, the Tribunal finds that "the Director-General was wrong [...] to refuse to recognise the status of spouse for the complainant's partner [and orders] the ILO [to] give full effect to this ruling by granting the complainant the benefits denied to her during the time of her employment".

  Reference(s)

  ILOAT Judgment(s): 1715
  

  Keywords:

  analogy; applicable law; burden of proof; condition; consequence; contract; declaration of recognition; definition; dependant; difference; domestic law; equal treatment; exception; executive head; family allowance; interpretation; judicial review; marital status; member state; nationality; official; provision; refusal; request by a party; right; same-sex marriage; social benefits; status of complainant;
  

  
  
  

• Judgment 1866

  
  87th Session, 1999
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  The complainant considers that he is discriminated against in comparison with his colleagues who live in towns where the organisation subsidises creche places. "The principle of equality of treatment only applies between staff members in a similar situation. In the material case, staff members whose place of residence is Munich or The Hague, where there are subsidised creches, benefit from the same treatment. But staff members, such as the complainant, who decide to reside in another location and do not wish to place their child in these subsidised creches, are not in a similar situation."

  Keywords:

  criteria; dependent child; difference; equal treatment; general principle; residence; social benefits;
  

  
  
  

• Judgment 1797

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

  Considerations 12-13

  Extract:

  "The Organization pleads that it is under no duty to pay contributions for [the complainant] to the Pension Fund or to the staff health insurance plan and would have had such duty only if he had been reinstated [...]. The Tribunal ruled on a similar issue in Judgment 1338 [...], in which it held that its award [...] of damages equivalent to 'the amount of the salary, allowances and other entitlements [the complainant] would have received' had not required reinstatement in the Pension Fund or health insurance."

  Reference(s)

  ILOAT Judgment(s): 1338
  

  Keywords:

  allowance; application for execution; case law; contribution rate; contributions; enforcement; health insurance; insurance; judgment of the tribunal; organisation's duties; reinstatement; salary; social benefits; unjspf;
  

  
  
  

• Judgment 1519

  
  81st Session, 1996
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 12

  Extract:

  The International Civil Service Commission was not "bound to recommend that [the organization] fall in line with the practice of outside employers [...] In respect of compulsory insurance premiums and the refund of expenses incurred [the organization's] scheme of staff health insurance and the [national] social security system [...] are not closely comparable; indeed they are quite different. [...] The Commission abided by the applicable methodology - for all its flaws on that count - and [the organization] made no mistake of fact or of law."

  Keywords:

  contributions; flemming principle; general service category; health insurance; icsc decision; inquiry; insurance; investigation; salary; social benefits; terms of appointment;
  

  
  
  

• Judgment 1494

  
  80th Session, 1996
  Intergovernmental Organisation for International Carriage by Rail
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6

  Extract:

  "Though the Tribunal held in [Judgment 938 under] 12 that 'a staff member cannot be separated while on sick leave', the ruling must be seen in context: it cannot apply to termination in any circumstances whatever. [...] In [that] case the defendant organisation had dismissed [a staff member] at a time when she said she was ill and had applied for sick leave. The Organisation refused to grant her the leave on the grounds that she was not ill."

  Reference(s)

  ILOAT Judgment(s): 938
  

  Keywords:

  case law; contract; extension of contract; illness; international civil service principles; interpretation; non-renewal of contract; sick leave; social benefits; staff regulations and rules;
  

  Consideration 7

  Extract:

  "Whether sick leave is to be extended beyond the date of expiry of an appointment is a question to be seen first and foremost in the light of the social protection afforded by an organisation's rules, which are to be construed according to the law of the international civil service."

  Keywords:

  case law; contract; international civil service principles; interpretation; sick leave; social benefits; staff regulations and rules;
  

  Consideration 8

  Extract:

  "In such circumstances, where the staff member's appointment expires and he decides, when still well, not to carry on, and where he has adequate social protection against illness and invalidity, there are no social grounds [...] for granting him sick leave after the expiry of his appointment."

  Keywords:

  contract; sick leave; social benefits;
  

  
  
  

• Judgment 1311

  
  76th Session, 1994
  European Southern Observatory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  "The hallmark of 'basic salary' is that it takes the form of regular and uniform payments to local staff by virtue of their status as such, according to prescribed scales and at set dates. The 'special allowances' are distinguishable by being due only in particular circumstances that are usually peculiar to each staff member".

  Keywords:

  allowance; base salary; definition; scale; social benefits;
  

  
  
  

• Judgment 1275

  
  75th Session, 1993
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  It is "the complainant who is under the duty to meet the conditions for the grant of family allowances."

  Keywords:

  burden of proof; dependant; social benefits; staff member's duties;
  

  
  
  

• Judgment 1237

  
  74th Session, 1993
  European Organization for Nuclear Research
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "As was held in Judgment 1166, under 2, unpaid associates come under 'non-established members of the personnel' by virtue of [CERN Staff] Rule I 2.01. Being an unpaid associate the complainant was not entitled to unemployment benefit, which CERN grants only to 'established members of the personnel'."

  Reference(s)

  Organization rules reference: CERN STAFF RULE I 2.01
  ILOAT Judgment(s): 1166
  

  Keywords:

  allowance; right; social benefits; staff regulations and rules; status of complainant;
  

  
  
  

• Judgment 1226

  
  74th Session, 1993
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 3, 7 and 8

  Extract:

  The complainants challenge decisions by the Director-General confirming the abolition of free after-service medical cover. They allege breach of acquired rights and contend that the FAO's financial position did not warrant such measures. "The Tribunal will not compare the options open to the FAO in the area of financial policy since it might ignore the realities that the FAO has to take into account. All the Tribunal need do is acknowledge that it was because of the financial plight of the scheme and its own that the organization decided to do away with free coverage for pensioners. The change does cause the complainants detriment. [...] But that alone does not amount to breach of any acquired right. First, the effect of the change was to put all fao pensioners on a par. [...] Secondly, there were transitional measures to lighten the impact of the change [...]. Since the change was made by way of rules, and because of the reasons for it, the complainants have suffered no breach of any acquired right despite the injury to their interests."

  Keywords:

  acquired right; amendment to the rules; budgetary reasons; discretion; grounds; health insurance; insurance; judicial review; limits; medical expenses; organisation's interest; social benefits; staff regulations and rules;
  

  
  
  

• Judgment 832

  
  62nd Session, 1987
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 15

  Extract:

  "International civil servants quite understandably put stock in their retirement benefits and quite rightly want an income that, even if it will not sustain the same standard of living, will at least be comfortable. The decisions impugned do mar the outlook, in some cases seriously. But that is not enough to establish breach of an acquired right."

  Keywords:

  acquired right; amendment to the rules; amount; breach; grounds; lack of evidence; official; retirement; separation from service; social benefits;