Judgment No. 363
Decision
1. The decision of the Director-General of 17 August 1977 is quashed.
2. It is declared that the complainant is entitled to be paid extended installation allowance calculated in accordance with MS II.2.320 for the period from 2 September 1975 until 16 May 1976.
3. It is ordered that the sum so calculated, less $2,000 already paid, be paid to the claimant by the Organization with interest thereon in accordance with paragraph 13.
4. It is ordered that the Organization pay to the complainant $500 in respect of his costs.
Consideration 8
Extract:
"'May' makes it clear that the official whose duty it is to give or with hold approval is to apply his own judgement to the questions. [...] But the use of the word 'may' is quite inadequate to confer on the official a large and unbounded discretion so that, even where the conditions were manifestly fulfilled, he could for any other reason that appealed to him or for no reason given with hold the allowance." [At issue is a provision permitting the extension of installation-allowance payments.]
Keywords
period; extension of contract; installation allowance; discretion; limits; condition
Consideration 5
Extract:
If, as "is very doubtful, the language of the letter [...] is sufficient to attach to the payment the condition that the complainant would by accepting it abandon his right to appeal to the Tribunal, this condition would be invalid and of no effect."
Keywords
waiver of right of appeal; installation allowance; acceptance; condition; payment
Consideration 1
Extract:
"Normally a staff member is expected to find his own living accommodation for himself and his dependants and to pay for it out of his salary and allowances. It is however recognised that upon a change of duty station a staff member may not at once succeed in finding accommodation at normal rates. Accordingly the Staff Rules provide for the payment of an installation allowance."
Keywords
amendment to the rules; duty station; transfer; installation allowance; purpose
Consideration 12
Extract:
"It is an attractive idea that [the material rule] should be invoked only to the extent necessary to relieve the financial hardship. But that would mean a reimbursement and not an allowance. The object of an allowance is to settle in advance the difficult questions that often arise on reimbursement [...] and to let the staff member know from the first what he has to spend."
Keywords
allowance; refund; difference; purpose
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