Judgment No. 2925
Decision
The complaint is dismissed.
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
duty station; allowance; compensatory allowance; residence; home; definition
Consideration 5
Extract:
"[I]t is neither unreasonable nor discriminatory for an international organisation to establish objective criteria, applicable in all cases, on the basis of which it may presume a person has made his or her permanent residence in a particular country. And in establishing objective criteria, it is neither unreasonable nor discriminatory to set specific periods of permanent residency. Further, it is not unreasonable or discriminatory to select different periods for those who are taking up duty in the country of their nationality and those who are taking up duty in a country of which they are not nationals."
Keywords
nationality; equal treatment; duty station; permanent appointment; allowance; residence; criteria
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
nationality; duty station; permanent appointment; allowance; residence; home; criteria
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