Judgment No. 959
THE COMPLAINT IS DISMISSED.
"The complainant maintains that he is entitled to have refunded to him any tax that was levied on his ilo salary and made over to the Indonesian government. [...] The ILO explained to him that if he could satisfy it that he himself had paid tax to the government it would reimburse the sum, and indeed that offer holds good. But the complainant has never offered any evidence of such payment, and his claim must therefore fail."
complainant; evidence; burden of proof; lack of evidence; tax; refund; payment; right
Under Article 11.15(a) of the ILO Staff Regulations "the complainant would be entitled to payment of the [repatriation] grant only if he had completed one year of service in Indonesia. His one-year contract began on 30 July 1986. But since he took up an appointment with the United Nations Children's Fund (UNICEF) in Bombay on 2 July 1987, less than a year after taking up duty with the ILO, he failed to complete the one year of service required. The claim fails."
Organization rules reference: ARTICLE 11.15(A) OF THE ILO STAFF REGULATIONS
repatriation allowance; condition
The complainant was in "breach of Articles 1.1, 1.2 and 1.5 of the ILO Staff Regulations, which prohibit the carrying out of instructions from any external authority, the acceptance of fees and engaging in outside occupations in general without the consent of the Director-General. What is more, and contrary to the complainant's contention, that prohibition holds good during periods of leave as well." [The complainant took up employment with UNICEF before the end of his appointment with the ILO.]
Organization rules reference: ARTICLES 1.1, 1.2 AND 1.5 OF THE ILO STAFF REGULATIONS
period; annual leave; staff member's duties; concurrent employment