Expatriation allowance (857,-666)

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Keywords: Expatriation allowance
Total judgments found: 5

• Judgment 4192

  
  128th Session, 2019
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the rejection of his application for payment of an expatriation allowance.

  Judgment keywords

  Keywords:

  allowance; complaint dismissed; expatriation allowance;
  

  
  
  

• Judgment 4191

  
  128th Session, 2019
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the rejection of his application for payment of an expatriation allowance.

  Judgment keywords

  Keywords:

  allowance; complaint dismissed; expatriation allowance;
  

  Consideration 3

  Extract:

  [T]he Tribunal has explained the rationale and context for the grant of the expatriation allowance, and given guidance as to the interpretation of the terms “permanently resident” for the purpose of Article 72(1)(b), in [...] Judgment 2865, under 4(b) [...].

  Reference(s)

  ILOAT Judgment(s): 2865
  

  Keywords:

  expatriation allowance; interpretation; residence;
  

  Consideration 6

  Extract:

  The issue is whether, if in [the] three-year period there is service which is not to be counted, the consequence is that the expatriation allowance is payable, or whether that service is ignored when identifying the end point of the three-year period counting backwards. The answer does not clearly emerge from the text, but does from a consideration of the purpose of the provision and the rationale for the benefit. The provision is intended to compensate employees who have left their permanent home in one country to take up employment in another (see Judgment 2925, under 3). That purpose is best served by the latter approach to the meaning of the provision, rather than by the former approach, which would reward a person who has mainly resided in the duty country, even for decades, but had for a period within the three years, perhaps extremely briefly, been, for example, employed by an international organisation.

  Reference(s)

  ILOAT Judgment(s): 2925
  

  Keywords:

  expatriation allowance; interpretation;
  

  
  
  

• Judgment 4190

  
  128th Session, 2019
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the rejection of her application for payment of an expatriation allowance.

  Judgment keywords

  Keywords:

  allowance; complaint allowed; decision quashed; expatriation allowance;
  

  
  
  

• Judgment 4189

  
  128th Session, 2019
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the rejection of her application for payment of an expatriation allowance.

  Judgment keywords

  Keywords:

  allowance; complaint dismissed; expatriation allowance;
  

  Consideration 8

  Extract:

  The Tribunal has explained the rationale and context for the grant of the expatriation allowance, and has given guidance as to the interpretation of the terms “permanently resident” for the purpose of Article 72(1)(b), in the following statements in Judgment 2865, under 4(b) [...].

  Reference(s)

  ILOAT Judgment(s): 2865
  

  Keywords:

  expatriation allowance; interpretation; residence;
  

  
  
  

• Judgment 4188

  
  128th Session, 2019
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the rejection of her application for payment of an expatriation allowance.

  Consideration 6

  Extract:

  The issue is whether, if in [the] three-year period there is service which is not to be counted, the consequence is that the expatriation allowance is payable, or whether that service is ignored when identifying, looking backwards, the end point of the three-year period. The answer does not clearly emerge from the text, but does from a consideration of the purpose of the provision and the rationale for the benefit. The provision is intended to compensate employees who have left their permanent home in one country to take up employment in another (see Judgment 2925, under 3). That purpose is best served by the latter approach to the meaning of the provision, rather than by the former approach, which would reward a person who has mainly resided in the duty country, even for decades, but had for a period within the three years, perhaps extremely briefly, been, for example, employed by an international organisation.

  Reference(s)

  ILOAT Judgment(s): 2925
  

  Keywords:

  expatriation allowance; interpretation;
  

  Judgment keywords

  Keywords:

  allowance; complaint dismissed; expatriation allowance;