Compassionate leave (426,-666)

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Keywords: Compassionate leave
Total judgments found: 6

• 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:

  application for interpretation; compassionate leave; compensatory allowance; reckoning; reinstatement;
  

  
  
  

• Judgment 2938

  
  109th Session, 2010
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "The Tribunal has determined that a staff member on leave on personal grounds is ipso facto no longer performing the duties of his former post and that, although during this leave he continues to be an official, the rights arising from the performance of his duties - remuneration, promotion, guarantee of employment, etc. - are suspended until he is reinstated. In the interests of the service the Agency may therefore use the vacant post (see Judgment 416, under 2). At the end of leave on personal grounds the employer nonetheless has a duty to reinstate the official provided that the two cumulative conditions laid down by [...] Article 40 [of the General Conditions of Employment Governing Servants at the Eurocontrol Maastricht Centre] are met: firstly, there must be a vacant post and, secondly, the staff member must be qualified for it (see Judgment 2034, under 11). This duty must be fulfilled promptly and with due regard for the dignity of the staff member concerned and the principle of good faith."

  Reference(s)

  Organization rules reference: Article 40 of the General Conditions of Employment Governing Servants at the Eurocontrol Maastricht Centre
  ILOAT Judgment(s): 416, 2034
  

  Keywords:

  accumulation; assignment; compassionate leave; condition; consequence; general principle; good faith; organisation's duties; organisation's interest; period; post held by the complainant; promotion; qualifications; reinstatement; respect for dignity; right; safeguard; salary; security of tenure; special leave; staff regulations and rules; status of complainant; vacancy;
  

  
  
  

• Judgment 1074

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

  Summary

  Extract:

  Following a period on unpaid leave for personal reasons, the complainant could not be reinstated under Article 40(3)(d), which entitles him to reinstatement under certain conditions. He alleges breach of the terms of appointment by Eurocontrol. The Tribunal observes that "he is unable to point to any one vacant post corresponding to his grade, category and service in which the organisation have failed to reinstate him. Still less is he able to point to such a series of failures to reinstate him as might raise the presumption of a decision by the organisation never to reinstate him at all".

  Reference(s)

  Organization rules reference: ARTICLE 40 OF THE GENERAL CONDITIONS OF EMPLOYMENT GOVERNING SERVANTS AT THE EUROCONTROL MAASTRICHT CENTRE
  
  

  Keywords:

  compassionate leave; organisation's duties; reinstatement; right; special leave; unpaid leave;
  

  
  
  

• Judgment 991

  
  68th Session, 1990
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Summary

  Extract:

  To mark its tenth anniversary celebration the European Patent Organisation granted a bonus to each of "all active permanent employees in post on 1 October 1987". As the complainant was then on unpaid leave "on personal grounds" he did not qualify for the benefit. The Tribunal holds that while the organisation is free to award special bonuses and free to decide who will receive them, it must apply objective criteria when doing so and avoid all arbitrary distinctions. In the instant case the restriction was based on objective criteria founded on provisions in the Staff Regulations.

  Keywords:

  compassionate leave; consequence; judicial review; leave; organisation's duties; payment; salary; special leave;
  

  Consideration 11

  Extract:

  "The complainant must have known when he applied for leave that he would have 'non-active status' and that that would affect his entitlement to pay and to the other benefits of employment."

  Keywords:

  career; compassionate leave; consequence; leave; promotion; salary; special leave;
  

  
  
  

• Judgment 416

  
  44th Session, 1980
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  The rights that arise from the performance of duties (remuneration, promotion, guarantee of employment) are suspended until reinstatement. "Reinstatement is [...] subject to two cumulative conditions: first, there must be a vacant post and, secondly, the staff member must be qualified for it."

  Keywords:

  career; compassionate leave; condition; consequence; qualifications; reinstatement; special leave; vacancy;
  

  Consideration 2

  Extract:

  Under the applicable provision, a staff member on leave is no longer performing the duties of his former post; although he continues to be an official, the rights arising from the performance of duties [remuneration, promotion, guarantee of employment] are suspended until reinstatement in employment. According to the letter and spirit of the provision, the organisation "may use the vacant post to suit its own interests".

  Keywords:

  compassionate leave; consequence; special leave; status of complainant;
  

  Consideration 2

  Extract:

  The complainant failed to meet the requirements for a vacant post and lacked the necessary qualifications for a further post. The decision of the Director-General not to reinstate(*) her "was therefore taken under the authority which [he] enjoys and is not tainted with any mistake of law or any other flaw."
  (*) The complainant had taken leave "on personal grounds".

  Keywords:

  compassionate leave; judicial review; qualifications; refusal; reinstatement; special leave; vacancy;
  

  
  
  

• Judgment 64

  
  11th Session, 1962
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  "Since the complainant had been duly allowed to relinquish his duties in time to enable him to reach his recognised home by the effective date of his separation from service, it can only be for personal reasons that he postponed his departure after that date." He is not entitled to the additional salary he claims, but only to the per diem travel allowance.

  Keywords:

  allowance; amendment to the rules; compassionate leave; date; right; separation from service; travel expenses;