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Home leave (430, 431,-666)

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Keywords: Home leave
Total judgments found: 25

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  • 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 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 2389


    98th Session, 2005
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "Under [Staff] Rule [105.3], it is not sufficient for entitlement to home leave that internationally recruited staff members be serving in a country other than that of which they are nationals; they must also meet the required conditions. Thus, paragraph 2a of the Rule stipulates that a staff member shall be eligible for home leave provided that while performing his official duties he continues to reside in a country other than that of which he is a national. This condition is clearly not met in the case of a staff member who lived in his home country only during his early childhood and who, at the time of his appointment, had been residing for several decades, practically without a break, in the country where he performs his official duties."

    Reference(s)

    Organization rules reference: UPU Staff Rule 105.3

    Keywords:

    appointment; condition; difference; duty station; home leave; international civil servant; nationality; non-local status; provision; residence; right; staff member's duties; staff regulations and rules;

    Consideration 7

    Extract:

    The home country "is not necessarily that of the staff member's nationality. It could be the country with which he has the closest connection outside the country in which he is employed (see Judgment 1985, under 9), for instance the home country of his wife or of children whom he may have adopted or taken in but who he believes should keep up their connections with their native environment. Thus, according to Staff Rule 105.3, paragraph 4c, the Director General, in exceptional circumstances, may authorise a staff member to take home leave in a country other than the country of his nationality, provided that the latter can show that he maintained his normal residence in that other country for a prolonged period preceding his appointment, that he continues to have close family or personal ties in that country and that his taking home leave there would not be inconsistent with the purpose and intent of Staff Regulation 5.3."

    Reference(s)

    Organization rules reference: UPU Staff Regulation 5.3 and Staff Rule 105.3, paragraph 4c
    ILOAT Judgment(s): 1985

    Keywords:

    adoption; appointment; burden of proof; condition; definition; dependent child; difference; duty station; exception; executive head; family relationship; home leave; nationality; official travel; period; place of origin; residence; staff regulations and rules;

    Consideration 7

    Extract:

    "[T]he purpose of home leave 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. Regulation 5.3, which denies home leave to staff members whose home country is the country of their official duty station or who continue to reside in their home country, is therefore self-explanatory. Regulation 4.5, paragraph 2, reflects the same reasoning, insofar as it provides that a staff member may lose entitlement to home leave if, following a change in his residential status, he is, in the opinion of the Director General, deemed to be a permanent resident of any country other than that of his nationality, provided that the Director General considers that the continuation of such entitlement would be contrary to the purposes for which the benefit was created."

    Reference(s)

    Organization rules reference: UPU Staff Regulations 4.5, paragraph 2, and 5.3

    Keywords:

    amendment to the rules; condition; consequence; difference; duty station; executive head; family relationship; home leave; international civil servant; nationality; period; place of origin; purpose; refusal; residence; staff regulations and rules;



  • Judgment 1985


    89th Session, 2000
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "The purpose of home leave is to allow employees whose work separates them for a specified period from the place with which they have the closest connection outside the country in which they are employed, to return there in order to maintain their ties. The complainant was not required to work during the period from June 1995 to September 1997; and she does not deny residing in Canada, her home country, during that period. Therefore, she may not claim home leave for the period in question. The fact that the [organisation] granted her the expatriation allowance retroactively does not imply that she was also entitled to home leave."

    Keywords:

    allowance; entitlement for service rendered; home; home leave; leave;



  • Judgment 1472


    80th Session, 1996
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "[A] decision [setting the place of home leave] is a discretionary one. The Tribunal will quash such a decision only if it was taken without authority or if it shows some procedural or formal defect or a mistake of fact or law, or if some essential fact was overlooked, or if there was abuse of authority, or if clearly mistaken conclusions were drawn from the evidence."

    Keywords:

    discretion; home; home leave; judicial review;



  • Judgment 1364


    77th Session, 1994
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    In his first complaint the complainant is seeking "a retroactive benefit that would be at variance with the terms of his original appointment, to which he consented and which designated Varese as his home. the epo is therefore right to refuse any change in that determination as to the past."

    Keywords:

    acceptance; amendment to the rules; appointment; decision; home; home leave; non-retroactivity; refusal; request by a party;

    Consideration 11

    Extract:

    Vide Judgment 1324, consideration 9.

    Reference(s)

    ILOAT Judgment(s): 1324

    Keywords:

    amendment to the rules; complaint allowed; complaint allowed in part; decision quashed; equal treatment; home; home leave; international civil servant; nationality; refusal; request by a party;



  • Judgment 1324


    76th Session, 1994
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    See Judgment 525, consideration 4.

    Reference(s)

    ILOAT Judgment(s): 525

    Keywords:

    amendment to the rules; complaint allowed; decision quashed; decision-maker; discretion; disregard of essential fact; exception; executive head; formal flaw; home; home leave; judicial review; mistake of fact; mistaken conclusion; misuse of authority; procedural flaw;

    Consideration 9

    Extract:

    The complainant is seeking a change, to which the organisation is opposed, in the designation it originally made upon recruitment of his official home. "It would offend against the principle of equal treatment [for a new] recruit who has strong ties with the country of one of two nationalities [to] get the automatic designation of a place in that country as 'home', while in identical circumstances another employee is refused designation of his home in that country simply because he is seeking review of a determination already made."

    Keywords:

    amendment to the rules; complainant; complaint allowed; decision quashed; equal treatment; home; home leave; nationality; place of origin;



  • Judgment 1217


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

    Consideration 14

    Extract:

    The complainant objects to CERN's refusal to change his home from that of which he is a citizen to another country. "The original determination of the home station on recruitment and any later change are incontrovertibly at the discretion of CERN, which has to give weight to the various criteria the Staff Regulations set. For the sake of sound management [...] the organization may set guidelines on the matter. So there can be no objection to its consistent policy of determining the staff member's home, barring evidence to the contrary, in his own country and allowing later change to some other country only where some change in circumstances so warrants."

    Keywords:

    amendment to the rules; criteria; decision; discretion; home; home leave; judicial review; nationality; organisation's interest; place of origin; refusal;



  • Judgment 1189


    73rd Session, 1992
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant's request to have his designated home changed was turned down. He says that at the time of his recruitment there was an agreement with the administration to give him local status to avoid his running the risk of returning to his home country. "The argument fails. [...] The ILO could never have forced him to go [back to his home country], the taking of home leave being a right, not a duty".

    Keywords:

    amendment to the rules; home; home leave; refusal; right; staff member's duties;



  • Judgment 997


    68th Session, 1990
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "by virtue of judgment 996 the complainant is entitled to reinstatement with full arrears of salary and allowances. the benefits he would have been entitled to but for dismissal included home leave for himself and his family [...] should [his family] choose to travel at another time the cost of their home leave will be due to him by virtue of judgment 996."

    Reference(s)

    ILOAT Judgment(s): 996

    Keywords:

    allowance; consequence; decision quashed; home leave; refund; reinstatement; right; salary; termination;



  • Judgment 976


    66th Session, 1989
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the complainant is seeking the reimbursement of charges for shipment of baggage when he took home leave. he contends that the organisation's practice from which he benefited until 1985 was to authorise both the conversion of unused excess baggage allowances into air freight and the combination of baggage allowances for the outward and the return journeys. the tribunal holds that the practice of conversion is in keeping with the applicable upu rules, but that combination is not covered by the rules.

    Keywords:

    enforcement; home leave; personal effects; practice; refund; staff regulations and rules; transport expenses; travel expenses;



  • Judgment 945


    65th Session, 1988
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    article r ii 4.35 of the eso staff regulations, which provides that "the first period of home leave shall be granted during the second year of service and the subsequent periods every alternate year thereafter", is deemed by the tribunal to mean that "the right to home leave is confined in every case to a single year, i.e. the second, fourth and each succeeding even-numbered year of service."

    Reference(s)

    Organization rules reference: ARTICLE R II 4.35 OF THE ESO STAFF REGULATIONS

    Keywords:

    home leave; interpretation; period; provision; staff regulations and rules;



  • Judgment 937


    65th Session, 1988
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12, Summary

    Extract:

    the complainant was dismissed for misconduct. the organization submits that the complainant took home leave without going to his home country, the one which treats him as its citizen. the tribunal held that the complainant was in breach of the letter and spirit of the rules: "though the rules do allow rerouting, it must not be more than a minor change in travel arrangements."

    Keywords:

    direct route; enforcement; exception; home leave; misconduct; place of origin; serious misconduct; staff member's duties; staff regulations and rules; termination;

    Consideration 12

    Extract:

    "as the tribunal said in judgment 271, the primary purpose [of home leave] is not to make [...] a monetary concession: it is to an international organisation's advantage that staff should maintain their links with their home countries."

    Reference(s)

    ILOAT Judgment(s): 271

    Keywords:

    home leave; organisation's interest; purpose;



  • Judgment 905


    64th Session, 1988
    Intergovernmental Council of Copper Exporting Countries
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the complainant seeks payment for home leave taken one month before the termination of his appointment. that leave had been granted in writing by the secretary-general. the complainant acquired rights through the secretary-general's taking of an explicit decision in his favour.

    Reference(s)

    Organization rules reference: ARTICLES 3.2.1 AND 5.3 OF THE CIPEC STAFF REGULATIONS

    Keywords:

    date; home leave; refund; right; separation from service; travel expenses;



  • Judgment 769


    59th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    the complainant fell ill on 15 august, a public holiday. he seeks an additional day of leave to make up for the day he lost. whereas the complainant was neither on annual leave nor home leave at the time of his illness, his complaint is dismissed.

    Keywords:

    annual leave; compensatory leave; home leave; illness; public holiday; refusal; request by a party; sick leave;



  • Judgment 525


    49th Session, 1982
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    home leave is of benefit to the organisation, which has an interest in ensuring that its employees keep in touch with the place with which they have special connections, namely the home country. "this benefit would be sacrificed by a strict and rigid interpretation of the term 'home' which required the staff member to take home leave in the country of his origin or nationality."

    Keywords:

    home leave; organisation's interest;



  • Judgment 486


    48th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "it is to be noted that the change in the complainant's situation affected [statutory] entitlements [...] these are expatriate entitlements designed for recruits from abroad who will wish to maintain their contacts with the home country, the most important being grants for home leave and education. they are more freely available to officials in the p grades than to those in the gs."

    Keywords:

    allowance; consequence; education expenses; general service category; home leave; professional category; promotion; right;



  • Judgment 441


    45th Session, 1980
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The International Patent Institute was integrated into the European Patent Organisation. The applicable provisions do not provide for the reimbursement of travel expenses. The abolition of the allowance, which was paid the complainant in the past and which was a considerable advantage for him, may have prompted him to accept his appointment. This suggests the breach of an acquired right. The complainant is entitled to the reimbursement of the cost of travel on home leave for himself and his family.

    Keywords:

    acquired right; allowance; amendment to the rules; complaint allowed; decision quashed; discontinuance; home leave; merger; provision; refund; staff regulations and rules; terms of appointment; travel expenses;



  • Judgment 371


    42nd Session, 1979
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    expatriation, education and leave expense allowances are matters of importance to someone joining the staff of an international organisation. "the question therefore arises whether the outright abolition of such allowances would in principle violate an acquired right. there is, however, no acquired right to the amount and the conditions of payment of such allowances. indeed the staff member should expect amendments to be prompted by changes in circumstances if, for example, the cost of living rises or falls, or the organisation reforms its structure, or even finds itself in financial difficulty.

    Keywords:

    acquired right; allowance; amendment to the rules; amount; discontinuance; education expenses; home leave; non-resident allowance; payment; reckoning;



  • Judgment 368


    42nd Session, 1979
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    vide judgment 371, consideration 8.

    Keywords:

    acquired right; allowance; amendment to the rules; amount; discontinuance; education expenses; home leave; non-resident allowance; payment; reckoning;

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Last updated: 19.09.2019 ^ top