Judgment No. 1
Declares the complaint of Mr. Jean-Baptiste Lhoest receivable but without substance,
Orders nevertheless the refund to the complainant of the deposit made by him in accordance with Article VIII of the Statute of the Tribunal.
"[T]he cost-of-living allowance is a voluntarily granted temporary supplement to the salary paid to the official as provided for in his contract or in the Staff Regulations, and this allowance was granted for one financial year only, [...] therefore the said allowance is not to be considered as forming part of the salary mentioned in [the Staff Regulations]".
acquired right; salary; allowance
"[A] day's leave for the purpose of compensation should be counted as one-365th of the annual salary and not as one-304th of the total working days, which would be admissible only if the salary were calculated by working day".
reckoning; annual leave; commutation of accrued leave