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Duty station (253,-666)

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Keywords: Duty station
Total judgments found: 46

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  • Judgment 3351


    118th Session, 2014
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: As the internal appeal was time-barred, the Tribunal dismissed the complaint seeking the payment of an allowance.

    Judgment keywords

    Keywords:

    complaint dismissed; duty station; terms of appointment;



  • Judgment 2925


    109th Session, 2010
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    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:

    allowance; criteria; duty station; equal treatment; nationality; permanent appointment; residence;

    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:

    allowance; criteria; duty station; home; nationality; permanent appointment; residence;

    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:

    allowance; compensatory allowance; definition; duty station; home; residence;



  • Judgment 2865


    108th Session, 2010
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4(b)

    Extract:

    Article 72 of the Service Regulations for Permanent Employees of the European Patent Office, the EPO's secretariat, concerns the expatriation allowance. Article 72(1) reads as follows:
    "An expatriation allowance shall be payable to permanent employees who, at the time they take up their duties or are transferred:
    a) hold the nationality of a country other than the country in which they will be serving, and
    b) were not permanently resident in the latter country for at least three years, no account being taken of previous service in the administration of the country conferring the said nationality or with international organisations."
    "The country in which the permanent employee is permanently resident, within the meaning of Article 72(1)(b) of the Service Regulations, is that in which he or she is effectively living, that is to say the country with which he or she maintains the closest objective and factual links. The closeness of these links must be such that it may reasonably be presumed that the person concerned is resident in the country in question and intends to remain there. A permanent employee interrupts his or her permanent residence in a country when he or she effectively leaves that country with the intention - which must be objectively and reasonably credible in the light of all the circumstances - to settle for some length of time in another country (see Judgment 2653, under 3)."

    Reference(s)

    Organization rules reference: Article 72(1) of the Service Regulations for Permanent Employees of the European Patent Office
    ILOAT Judgment(s): 2653

    Keywords:

    amendment to the rules; appointment; condition; definition; duty station; intention of parties; member state; nationality; non-resident allowance; official; organisation; payment; period; residence; staff regulations and rules; transfer;



  • Judgment 2833


    107th Session, 2009
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    In March 2006 the complainant, who had been assigned to Zimbabwe since 1996, applied for a transfer, in the same grade, to ILO headquarters in Geneva to occupy the advertised post of Senior Procurement Officer. His candidature was rejected because he failed to meet three of the core requirements listed in the vacancy notice. Circular No. 658, series 6, states that the Office should ensure, in particular, that 'priority for mobility is given to staff members who have completed their tours of duty', i.e. their assignment in a particular duty station.
    "It is not disputed that the complainant can avail himself of the mobility rules to return, as and when appropriate, to the Organization's headquarters. But that does not, of course, mean that he has a right to return to headquarters to take up a particular post without it being determined beforehand that the post to which he aspires corresponds to his skills."

    Reference(s)

    Organization rules reference: Circular No. 658, series 6

    Keywords:

    administrative instruction; competition; condition; criteria; duty station; field; grade; grounds; headquarters; organisation's duties; period; post; priority; qualifications; reassignment; refusal; request for transfer; right; vacancy notice; written rule;



  • Judgment 2638


    103rd Session, 2007
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    "The main justification for granting benefits such as home leave or an education grant to some staff members is not that the beneficiaries have a particular nationality, but that their duty station is not in their recognised home country. Far from being discriminatory, such practices, which moreover exist in most international organisations, are designed to restore a degree of equality between officials serving in a foreign country and those who are working in a country where they normally have their home. The two categories cannot be regarded as being in identical situations. Consequently, according to firm precedent, the principle of equality must not lead to their being treated in an identical manner when a difference in treatment is appropriate and adapted (see Judgment 2313 [...])."

    Reference(s)

    ILOAT Judgment(s): 2313

    Keywords:

    allowance; breach; difference; duty station; education expenses; equal treatment; general principle; home; home leave; nationality; official; organisation's duties; place of origin; practice; purpose; rule of another organisation;



  • Judgment 2637


    103rd Session, 2007
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    "[I]t is convenient to note the different but related purposes of home leave and education grant. The purpose of home leave is not to confer a financial benefit or to make a monetary concession (see Judgment 937). Rather, as pointed out in Judgment 2389, it is 'to enable staff members who, owing to their work, spend a number of years away from the country with which they have the closest personal or material ties to return there in order to maintain those connections'. Similarly, the purpose of the education grant is made explicit by UN Staff Regulation 3.2(c), namely, to provide for a staff member 'serving in a country whose language is different from his or her own and who is obliged to pay tuition for the teaching of the mother tongue to a dependent child attending a local school in which the instruction is given in a language other than his or her own'."

    Reference(s)

    ILOAT Judgment(s): 937, 2389

    Keywords:

    allowance; dependent child; difference; duty station; education expenses; home leave; nationality; official; organisation's interest; payment; period; place of origin; purpose; rule of another organisation;



  • Judgment 2597


    102nd Session, 2007
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The expatriation allowance [...] is intended to compensate for certain disadvantages suffered by persons who are obliged, because of their work, to leave their country of origin and settle abroad. The disadvantages are indeed greater for them than for those who do not have the nationality of the country of their duty station either, but who have been living in that country for quite a long time before taking up their duties. Equal treatment demands that the provisions establishing the right of international civil servants to receive an expatriation allowance take fair and reasonable account of these different situations. The length of time for which foreign permanent employees have lived in the country where they will be serving, before they take up their duties, therefore forms an essential criterion for determining whether they may receive this allowance. It has been held that the period of three years' residence required by Article 72(1)b) of the Service Regulations is not unreasonable (see Judgment 1864, under 6)."

    Reference(s)

    Organization rules reference: Article 72(1)b) of the Service Regulations
    ILOAT Judgment(s): 1864

    Keywords:

    allowance; compensatory measure; criteria; duty station; equal treatment; nationality; non-resident allowance; purpose; residence; time limit;



  • Judgment 2389


    98th Session, 2005
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "Under [Staff] Rule [105.3], it is not sufficient for entitlement to home leave that internationally recruited staff members be serving in a country other than that of which they are nationals; they must also meet the required conditions. Thus, paragraph 2a of the Rule stipulates that a staff member shall be eligible for home leave provided that while performing his official duties he continues to reside in a country other than that of which he is a national. This condition is clearly not met in the case of a staff member who lived in his home country only during his early childhood and who, at the time of his appointment, had been residing for several decades, practically without a break, in the country where he performs his official duties."

    Reference(s)

    Organization rules reference: UPU Staff Rule 105.3

    Keywords:

    appointment; condition; difference; duty station; home leave; nationality; non-local status; official; provision; residence; right; staff member's duties; staff regulations and rules;

    Consideration 7

    Extract:

    The home country "is not necessarily that of the staff member's nationality. It could be the country with which he has the closest connection outside the country in which he is employed (see Judgment 1985, under 9), for instance the home country of his wife or of children whom he may have adopted or taken in but who he believes should keep up their connections with their native environment. Thus, according to Staff Rule 105.3, paragraph 4c, the Director General, in exceptional circumstances, may authorise a staff member to take home leave in a country other than the country of his nationality, provided that the latter can show that he maintained his normal residence in that other country for a prolonged period preceding his appointment, that he continues to have close family or personal ties in that country and that his taking home leave there would not be inconsistent with the purpose and intent of Staff Regulation 5.3."

    Reference(s)

    Organization rules reference: UPU Staff Regulation 5.3 and Staff Rule 105.3, paragraph 4c
    ILOAT Judgment(s): 1985

    Keywords:

    adoption; appointment; burden of proof; condition; definition; dependent child; difference; duty station; exception; executive head; family relationship; home leave; nationality; official travel; period; place of origin; residence; staff regulations and rules;

    Consideration 7

    Extract:

    "[T]he purpose of home leave is to enable staff members who, owing to their work, spend a number of years away from the country with which they have the closest personal or material ties to return there in order to maintain those connections. Regulation 5.3, which denies home leave to staff members whose home country is the country of their official duty station or who continue to reside in their home country, is therefore self-explanatory. Regulation 4.5, paragraph 2, reflects the same reasoning, insofar as it provides that a staff member may lose entitlement to home leave if, following a change in his residential status, he is, in the opinion of the Director General, deemed to be a permanent resident of any country other than that of his nationality, provided that the Director General considers that the continuation of such entitlement would be contrary to the purposes for which the benefit was created."

    Reference(s)

    Organization rules reference: UPU Staff Regulations 4.5, paragraph 2, and 5.3

    Keywords:

    amendment to the rules; condition; consequence; difference; duty station; executive head; family relationship; home leave; nationality; official; period; place of origin; purpose; refusal; residence; staff regulations and rules;



  • Judgment 2357


    97th Session, 2004
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    "Where a person seeks to bring himself or herself within an exception to a general rule - here, the rule that an education allowance is not payable to persons serving in their own country - it is for that person to establish that he or she falls within the exception."

    Keywords:

    allowance; burden of proof; condition; duty station; education expenses; exception; nationality; official; written rule;



  • Judgment 2214


    95th Session, 2003
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3(B) and (C)

    Extract:

    The complainant asked for the payment of the expatriation allowance provided for in Article 72 of the EPO's Service Regulations. The Tribunal gave "a definition of permanent or continuous residence". While this requires actual long-term presence in the country concerned, it does not necessarily exclude another residence. In judgment 1099 the Tribunal held that in order to establish whether the complainant met the condition of 'continuous residence' in the country of his duty station for at least three years prior to being recruited by the Office, it was necessary to determine whether there were "objective and factual links with that country". It added that: "what matters is that the complainant had to live, and did live [in that country]". It was not important to know whether the complainant had paid taxes there or whether, at the same time, he kept a home address at his former place of residence (see Judgment 1099, under 8). The status of the residence is not relevant either (see Judgment 1150). It is clear from the case law when residence must be deemed to have been interrupted, within the meaning of Article 72 of the Service Regulations. It is not sufficient for the person concerned to have stopped living in a particular country; he must in addition have intended to leave the country for some length of time."

    Reference(s)

    Organization rules reference: ARTICLE 72 OF THE SERVICE REGULATIONS FOR PERMANENT EMPLOYEES OF THE EUROPEAN PATENT OFFICE
    ILOAT Judgment(s): 1099, 1150

    Keywords:

    appointment; assignment; case law; condition; definition; duty station; iloat; judgment of the tribunal; non-resident allowance; period; place of origin; provision; request by a party; residence; staff member's duties; staff regulations and rules; tax;



  • Judgment 2207


    94th Session, 2003
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The affair the complainant had with a national of the country of the duty station led to a series of incidents. "In view of the particular circumstances of the case, it is perfectly legitimate to conclude that it was in the organization's interest to terminate the complainant's assignment in Nairobi in order to maintain an untroubled working atmosphere in the service and to preserve its good relations with the host country. However, in accordance with the Tribunal's case law (see, in particular, Judgments 269 and 1231), the defendant could not terminate the complainant's appointment solely on that basis, without having taken appropriate steps to find him a new assignment."

    Reference(s)

    ILOAT Judgment(s): 269, 1231

    Keywords:

    case law; conduct; duty station; member state; organisation's duties; organisation's interest; organisation's reputation; reassignment; termination of employment; transfer; working relations;



  • Judgment 2069


    91st Session, 2001
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant, whose duty station is The Hague, assisted a colleague at an appeals committee hearing in Berlin, as allowed by the Service Regulations. He asks for an additional day's leave to compensate for the day's leave he had to take to go to Berlin. "Neither the texts cited, nor the defendant's arguments, nor the circumstances of the case afford proper grounds for the assertion that the complainant had to deduct a day from his annual leave in order to assent to his colleague's request for assistance."

    Keywords:

    annual leave; compensatory leave; duty station; internal appeals body; procedure before the tribunal; request by a party; staff regulations and rules; staff representative; written rule;



  • Judgment 2052


    91st Session, 2001
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The decision not to give permission to spend sick leave elsewhere than at the staff member's place of residence is clearly discretionary in nature. It is well-established by the case law of the Tribunal that a discretionary decision is subject to limited review."

    Keywords:

    decision; discretion; duty station; judicial review; limits; residence; sick leave;



  • Judgment 1864


    87th Session, 1999
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 2, 5 and 6

    Extract:

    "Article 72(1) [of the Service Regulations] rules that employees who are nationals of a country other than the one they work in have no right to an expatriation allowance if, when taking up their duties, they had already been permanently resident there for more than three years. [W]hile the system could certainly be improved, it is in line with legal requirements that the applicable rules should precisely define the notion of 'expatriation', and fix a length of residence in the country prior to employment beyond which an employee may not be considered as expatriate. [N]aturally, the length of residence to be taken into account in order to make the distinction may be challenged, but in this matter the tribunal recognises the organisation's discretion, provided that the exercise of such power has no adverse consequences. in this case, a period of three years' residence beyond which the complainants may not be considered as 'expatriates' would appear reasonable."

    Reference(s)

    Organization rules reference: ARTICLE 72 (1) OF THE EPO SERVICE REGULATIONS
    ILOAT Judgment(s): 754

    Keywords:

    date; duty station; nationality; non-resident allowance; residence; staff regulations and rules;



  • Judgment 1695


    84th Session, 1998
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    "The argument that the pensioner's home should be assimilated to the place of employment is immaterial and must fail, the pensioner being free to live wherever he chooses."

    Keywords:

    duty station; pension; residence; retirement;



  • Judgment 1685


    84th Session, 1998
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant "must have known that a career in the international civil service might require him to change duty stations at any time."

    Keywords:

    duty station; official; organisation's interest; staff member's duties; transfer;



  • Judgment 1666


    83rd Session, 1997
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6(c)

    Extract:

    It may not be inferred from Short-Term Rule 3.5 and from the extension of his appointment that the complainant was entitled to the retroactive grant of non-local status. "The effect of the Rule is to bestow retroactively on a short-term official benefits granted to the holder of a fixed-term appointment. If, like the complainant, he belongs to the professional category the place of recruitment will have no bearing on the terms of his appointment. So neither does it have any bearing on entitlements granted retroactively."

    Reference(s)

    Organization rules reference: ILO SHORT-TERM STAFF RULE 3.5

    Keywords:

    appointment; contract; duty station; local status; non-local status; professional category; short-term; staff regulations and rules; terms of appointment;



  • Judgment 1556


    81st Session, 1996
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    "In any event [the complainant] may not plead want of due notice [...]. Having been well aware as early as [53 days before] of the sort of post she was to get and of her duty station, she may not properly plead bad faith."

    Keywords:

    assignment; complainant; duty station; duty to inform; good faith; organisation's duties; post; post description; transfer;



  • Judgment 1539


    81st Session, 1996
    European Free Trade Association
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "Since the complainant was in Switzerland at the time of recruitment she was not locally recruited for employment at the Brussels Office. It is true that the Association was free to incorporate in the letters of appointment a clause saying that she was nevertheless deemed to have local status. [...] For want of a clause expressly prescribing local status the presumption is that the parties did not agree that she should have such status. The conclusion is that the contracts, read together with the Staff Regulations, set out all the terms and conditions of employment, which conferred non-local status on the complainant and gave the association no right or power to treat her as having any other. And even if there was doubt on that score it was the association, which was the source of all the relevant documents, that had the duty to resolve it."

    Keywords:

    complainant; contract; duty station; intention of parties; local status; non-local status; offer; organisation's duties; place of origin; staff regulations and rules; status of complainant; terms of appointment;



  • Judgment 1519


    81st Session, 1996
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "At its 15th and 37th sessions the [International Civil Service] Commission reaffirmed the Flemming principle, which dates back to 1949. The principle requires organisations to offer staff in the general service category conditions of employment on a par with 'the best prevailing conditions of employment in the locality' - i.e. salary and other basic components of pay - 'without being necessarily the best local conditions'."

    Keywords:

    base salary; definition; duty station; flemming principle; general service category; salary; terms of appointment;

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Last updated: 15.09.2021 ^ top