Judgment No. 463
Decision
1. THE DECISION NOT TO PAY THE COMPLAINANT SERVICE BENEFIT AT THE FAMILY RATE IS QUASHED.
2. THE CLAIMS FOR PAYMENT OF SALARY DUE AND OF DAMAGES ARE DISMISSED.
Consideration 6
Extract:
Terminal entitlements fall due due after the termination of employment. They are intended to facilitate the transition to other employment or to retirement.
Keywords
terminal entitlements; purpose
Considerations 5-6
Extract:
The complainant did not submit a copy of his marriage certificate until one month after he was terminated. But the organization was aware of the fact that the complainant had a wife and child. The only material fact is that he is married, whatever the date on which he produced the required evidence. The application of a provision on family benefit is not relevant: the two matters are basically distinct. In the present case, the amount due should be calculated according to the rate provided for officials with dependants.
Keywords
marital status; delay; disclosure of evidence; allowance; dependant; terminal entitlements; rate
Consideration 4
Extract:
Under the so-called service rendered rule, an official is entitled to remuneration in respect of services rendered. It is true that this is only a general rule. In some cases, the Director-General may relieve the staff member from his duty without loss of salary. However the reasons for this must be clearly stated.
Keywords
exception; proportionality; salary; entitlement for service rendered
Consideration 6
Extract:
Family allowances are intended to provide additional remuneration over and above the official's salary for reasons of family situation during the time of his employment.
Keywords
family allowance; purpose
| 
