Allowance (330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358,-666)
You searched for:
Keywords: Allowance
Total judgments found: 125
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Judgment 4222
129th Session, 2020
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the refusal of UNESCO to award full compensation for the injury suffered as a result of an accident recognized as being service-incurred.
Considerations 15-17
Extract:
According to article 4 of the Staff Compensation Plan:
“The compensation payable under these Rules shall be the sole compensation to which any person shall be entitled as against the Organization in respect of any claim falling within the provisions thereof”.
Contrary to the defendant organization’s submissions, these provisions do not preclude a staff member from claiming compensation for the consequences of negligence on the part of the Organization. Such a claim cannot be regarded as being based on the provisions of this plan (see, for similar cases, Judgments 3689, consideration 5, and 3946, consideration 17).
[...]
According to the Tribunal’s case law, an organization may incur liability in negligence where it fails to take reasonable steps to prevent a foreseeable risk of injury (see Judgments 2804, consideration 25, 3215, consideration 12, and 3733, consideration 12). In the instant case, it is apparent from the file that the floor of the podium set up for the seminar was defective and should have been repaired or, at least, signposted, as evidenced by the occurrence of the accident.[...]
According to the Tribunal’s case law, an international organization has a duty to provide a safe and adequate environment for its staff, and they in turn have the right to insist on appropriate measures to protect their health and safety (see Judgments 3025, consideration 2, 2403, consideration 16, and 3689, consideration 5).
In the instant case, the Organization, which had ordered the construction of the podium in which the hole was found, should have ensured that this work was properly carried out. It must therefore be recognized that the Organization is at fault.
Pursuant to the principle that full compensation is due in respect of injuries caused by negligence on the part of the Administration, the complainant is entitled to compensation for injuries not already compensated under the Staff Compensation Plan.
Reference(s)
ILOAT Judgment(s): 2403, 2804, 3025, 3215, 3689, 3689, 3733, 3946
Keywords:
allowance; compensation; construction work; negligence; professional accident;
Judgment 4192
128th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the rejection of his application for payment of an expatriation allowance.
Judgment keywords
Keywords:
allowance; complaint dismissed; expatriation allowance;
Judgment 4191
128th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the rejection of his application for payment of an expatriation allowance.
Judgment keywords
Keywords:
allowance; complaint dismissed; expatriation allowance;
Judgment 4190
128th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the rejection of her application for payment of an expatriation allowance.
Judgment keywords
Keywords:
allowance; complaint allowed; decision quashed; expatriation allowance;
Judgment 4189
128th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the rejection of her application for payment of an expatriation allowance.
Judgment keywords
Keywords:
allowance; complaint dismissed; expatriation allowance;
Judgment 4188
128th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the rejection of her application for payment of an expatriation allowance.
Judgment keywords
Keywords:
allowance; complaint dismissed; expatriation allowance;
Judgment 4119
127th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision of the President of the Office to amend the wording of a circular in respect of the age limit for the payment of a dependants’ allowance.
Judgment keywords
Keywords:
allowance; complaint dismissed; decision quashed; dependent child; education expenses; general decision;
Consideration 4
Extract:
The Tribunal’s case law consistently holds that a member of staff cannot challenge, by way of a complaint in the Tribunal, a general decision unless and until it is applied to that staff member with adverse legal consequences (see Judgment 4016, consideration 5, and the case law cited therein). That case law is rooted in the provisions of the Tribunal’s Statute. The Tribunal’s jurisdiction is to deal with disputes concerning, relevantly, the alleged non-observance of the Staff Regulations or of the official’s terms of appointment. In a case such as the present there would have been, at least arguably, a non-observance of the Service Regulations at the moment the complainant was not paid the allowance because of the age of his children. That might have been so because, amongst other reasons, the amendment was not lawfully made or the Service Regulations, properly construed, conferred the allowance beyond the time identified in the amended Circular. However before the payment of the allowance ceased, no issue would arise about the non-observance of the Service Regulations. In the result, this complaint is irreceivable and will be dismissed.
Reference(s)
ILOAT Judgment(s): 4016
Keywords:
allowance; cause of action; general decision; individual decision; receivability of the complaint;
Judgment 4116
127th Session, 2019
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the rejection of his request for payment of an education allowance for his children.
Judgment keywords
Keywords:
allowance; complaint dismissed; education expenses;
Judgment 4090
127th Session, 2019
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the processing of his application for a disability benefit and the calculation of his sick leave entitlements.
Consideration 10
Extract:
Even accepting, for present purposes, that the field of operation of the Flemming principle would comprehend, as an aspect of establishing appropriate levels of pay, payment of sick leave entitlements, it is not appropriate to isolate one element of salary only and compare that element with prevailing local conditions. As the Tribunal observed in Judgment 1334, consideration 24, “[the Flemming principle] offers [...] a guide for setting general levels of pay for local staff: it offers no basis for claims about any particular component of such pay”.
Reference(s)
ILOAT Judgment(s): 1334
Keywords:
allowance; flemming principle; local status; salary; sick leave;
Judgment 4073
127th Session, 2019
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the reduction of the rate of the expatriate premium paid to her.
Judgment keywords
Keywords:
acquired right; allowance; complaint dismissed;
Judgment 4046
126th Session, 2018
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the rejection of his claim for an invalidity allowance.
Judgment keywords
Keywords:
allowance; complaint dismissed; invalidity;
Judgment 3883
124th Session, 2017
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants contest the implementation of new salary scales as from March 2012 in Bangkok.
Consideration 23
Extract:
[W]hat relief can be granted by the Tribunal is governed by Article VIII of the Tribunal’s Statute that confers and defines its jurisdiction. That provision clearly contemplates that if a complainant establishes that a decision was unlawfully made, the decision can be rescinded. [H]owever, it contemplates that if the rescission of a decision is not “advisable”, then the Tribunal “shall award the complainant compensation for the injury caused to her or him”. Plainly enough following this latter course depends on the opinion and assessment of the Tribunal in the exercise of what, in substance, is a discretionary power (see Judgment 1419, consideration 24).
Reference(s)
ILOAT reference: Article VIII of the Statute
ILOAT Judgment(s): 1419
Keywords:
allowance; iloat statute;
Judgment 3793
123rd Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to grant him a dependants’ allowance for his mother.
Judgment keywords
Keywords:
allowance; complaint dismissed; dependant;
Judgment 3789
123rd Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the rejection of her requests for payment of an education allowance for her children.
Judgment keywords
Keywords:
allowance; complaint dismissed; education expenses;
Judgment 3693
122nd Session, 2016
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the EPO’s implied rejection of his internal appeals against the decision not to grant him the expatriation allowance retroactively and the decision to cease paying him the allowance.
Judgment keywords
Keywords:
allowance; complaint allowed; decision quashed; internal appeal;
Judgment 3690
122nd Session, 2016
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants contest the deduction of maternity leave periods from the time taken into account for the payment of a collective reward to staff in active service during 2011.
Judgment keywords
Keywords:
allowance; complaint dismissed; joinder; maternity leave;
Judgment 3658
122nd Session, 2016
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the amount of the transitional allowance paid to him following his admission to the early termination of service scheme.
Judgment keywords
Keywords:
allowance; complaint allowed; decision quashed; early retirement;
Judgment 3541
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the lower rate applied by the EPO to the retroactive payment of the lump sum education allowance for her stepchildren.
Judgment keywords
Keywords:
allowance; complaint allowed; decision quashed; education expenses;
Judgment 3540
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the Administrative Council's decision which replaced the invalidity pension by the invalidity allowance.
Judgment keywords
Keywords:
allowance; complaint allowed; contributions; disability benefit; joinder;
Judgment 3539
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the EPO’s decision to reject his requests for childcare allowances.
Judgment keywords
Keywords:
allowance; child's benefit; complaint allowed; decision quashed;
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