Judgment No. 905
Decision
1. THE ORGANISATION SHALL PAY THE COMPLAINANT THE COST-OF-LIVING ADJUSTMENT CALCULATED IN ACCORDANCE WITH STAFF REGULATION 3.2.1 FROM 1 JANUARY TO 31 MARCH 1987, PLUS INTEREST AT 6 PER CENT FROM 4 JUNE 1987.
2. IT SHALL PAY HIM THE EXPENSES HE INCURRED IN TRAVEL ON SPECIAL HOME LEAVE IN MARCH 1987 CALCULATED IN ACCORDANCE WITH REGULATION 5.3, NOT EXCEEDING THE RATE OF AIR TRANSPORT IN TOURIST CLASS OR EQUIVALENT, PLUS THE INTEREST DUE.
3. IT SHALL PAY HIM 4,000 FRENCH FRANCS IN COSTS.
4. HIS OTHER CLAIMS ARE DISMISSED.
Consideration 9
Extract:
"Under Article VII[1] of the Tribunal's Statute a complaint will not be receivable unless it challenges a final decision or, under VII[3], an implied one. Since the organisation did not take an express final decision within 60 days of the date on which the complainant notified his claim by letter of 4 June 1987, his claim is receivable under VII[3] in the same manner as one challenging an express final decision."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPHS 1 AND 3, OF THE STATUTE
Organization rules reference: ARTICLES 3.2.1 AND 5.3 OF THE CIPEC STAFF REGULATIONS
Keywords
implied decision; failure to answer claim; receivability of the complaint; internal appeal; internal remedies exhausted; time limit
Summary
Extract:
A cost-of-living adjustment is provided for in the Staff Regulations. No final decision was taken on the matter. The complainant is entitled to the adjustment.
Reference(s)
Organization rules reference: ARTICLES 3.2.1 AND 5.3 OF THE CIPEC STAFF REGULATIONS
Keywords
staff regulations and rules; enforcement; adjustment; cost-of-living increase
Summary
Extract:
The complainant seeks payment for home leave taken one month before the termination of his appointment. That leave had been granted in writing by the Secretary-General. The complainant acquired rights through the Secretary-General's taking of an explicit decision in his favour.
Reference(s)
Organization rules reference: ARTICLES 3.2.1 AND 5.3 OF THE CIPEC STAFF REGULATIONS
Keywords
travel expenses; separation from service; home leave; refund; date; right
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