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Total judgments found: 12

  • Judgment 2925


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

    Consideration 6

    Extract:

    "The location of an employee's permanent home is a proper criterion for the award of an expatriation allowance, and the selection of nationality and permanent residence as objective facts by reference to which it may be determined whether his or her permanent home is or is not the country in which he or she will be working is appropriate and adapted to the general circumstances of a large workforce comprised of many different nationalities."

    Keywords:

    allowance; criteria; duty station; home; nationality; permanent; residence;

    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 2639


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

    Consideration 6

    Extract:

    "Both under the UN Staff Rules and the WTO Staff Rules, the Organization recognises only one nationality for each staff member; a staff member's nationality is determined at the time of appointment and a staff member's home is deemed to be in the country of which the staff member is a national, unless there are compelling reasons to make an exception."

    Keywords:

    appointment; date; exception; grounds; home; international civil servant; nationality; place of origin; rule of another organisation; staff regulations and rules;



  • 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 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 525


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

    Consideration 5, Summary

    Extract:

    The "home" should not in all cases be regarded as the country of birth. The rule refers to the place with which the staff member has the closest connection, with respect to place of residence of his family, where he was brought up and any place where he possesses property. The President's decision is based on a mistake of law, its sole foundation consists of concerns related to the country of birth; that was a mistake of law.

    Keywords:

    complaint allowed; criteria; decision quashed; home; nationality; place of origin;

    Consideration 2

    Extract:

    the notion of 'home' "is determined according to several criteria which include not just origin and nationality but also family connections, spiritual, material and psychological links and which serve to identify the focus of his interests and the place where it may be reasonably assumed that he intends to take up permanent residence."

    Keywords:

    criteria; home; nationality; other; place of origin;

    Consideration 4

    Extract:

    as inferred from the wording of the rule, review is clearly an exceptional measure. review takes place only after a special decision by the president of the office on a reasoned request by the staff member. the president has discretion in this matter.

    Keywords:

    amendment to the rules; discretion; exception; home;

    Consideration 6

    Extract:

    the president overlooked essential facts of which the complainant has furnished proof. his present wife normally lives in tenerife with their son who attends school regularly there. he has real property there, but has no assets in belgium. however, he is divorced from his first wife, who is still living in that country, he has not kept in touch with the children of his first marriage, who are now adult, and he has no other kin in the country of his birth. the decision whereby his "home" remains in belgium is set aside.

    Keywords:

    disregard of essential fact; home;



  • Judgment 335


    40th Session, 1978
    International Patent Institute
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    according to the regulations, by special decision and in exceptional circumstances, the place of origin of a staff member may be altered while the staff member is in service to the organisation. "the provisions do not specify the circumstances which warrant a change in the place of origin and they leave the matter to the discretion of the competent authority." limited power of review by the tribunal.

    Keywords:

    amendment to the rules; discretion; exception; home; judicial review; place of origin;



  • Judgment 244


    33rd Session, 1974
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 2 and 3

    Extract:

    the complainant, of tunisian nationality, held fixed-term contracts, followed by a contract of indeterminate duration. under the terms of these contracts he was "locally recruited". in application of the relevant provisions, "he was deemed to be a locally recruited official and his home was therefore his duty station, namely geneva, as the director-general held in the impugned decision."

    Keywords:

    contract; duty station; general service category; home; local status; non-local status; residence; successive contracts; terms of appointment;


 
Last updated: 12.08.2019 ^ top