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: 134
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Judgment 4777
137th Session, 2024
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the calculation of his remuneration and the determination of his step following his promotion from grade G.6 to grade P.3.
Consideration 9
Extract:
In Judgment 498, the Tribunal had [...] noted that, contrary to what the complainant maintains in the present case, it was not unlawful for staff members in the Professional category and those in the General Service category to receive different amounts of family allowance, since the principle of equal treatment can only be applied to staff members who are in the same situation.
Reference(s)
ILOAT Judgment(s): 498
Keywords:
allowance; equal treatment; family allowance; general service category; professional category;
Judgment 4707
136th Session, 2023
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants contest the modifications brought to the subsistence allowance.
Judgment keywords
Keywords:
acquired right; allowance; complaint dismissed;
Judgment 4681
136th Session, 2023
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the ICC’s decision to reject her request to pay her the education grant in respect of her son for the school year 2018-2019.
Consideration 9
Extract:
The principle of equal treatment does not guarantee that all persons receive the same benefit but, rather, requires that persons in like situations be treated alike and persons in relevantly different situations be treated differently. In the present case, the criteria for the payment of the education grant set forth in Staff Rule 103.18(d)(i) apply equally to all staff members of the ICC. Although, as pointed out by the complainant, this may result in a situation where children at approximately the same age, or even in the same classroom, may be treated differently with respect to the education grant, this is not due to any inconsistency or discrimination in the application of the criteria set forth in Staff Rule 103.18(d)(i), but to a clear and objective cut-off date established by that rule. The cut-off date distinguishes between children who turn five prior to or within the three-month window, and children who turn five outside the three-month window. Because these two categories of children are not in the same legal position, the principle of equal treatment is not violated when these two categories are treated differently.
Keywords:
allowance; education expenses; equal treatment;
Judgment 4660
136th Session, 2023
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the Secretary General’s decision to dismiss him summarily without indemnities on disciplinary grounds.
Consideration 22
Extract:
[T]he Tribunal considers that all the injuries suffered by the complainant may be fairly redressed by awarding him a sum equivalent to three years’ remuneration, which will be calculated on the basis of the net salary and allowances of any kind which the complainant was receiving at the time of his departure from the Organization, without deducting from this sum any earnings which he may have received since then.
As this lump sum must be regarded as compensating the entire material injury suffered by the complainant, there is no need to add to it the amount of the pension contributions relating to the remuneration in question or to pay interest for late payment thereon.
Keywords:
allowance; lump-sum; material injury;
Judgment 4656
136th Session, 2023
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: ITU has filed an application for the interpretation of order 2 of the decision contained in Judgment 4515.
Consideration 4
Extract:
[I]n light of the Tribunal’s guidance, in Judgment 2988, consideration 4, [...] an organization’s duty to calculate staff salaries and benefits in accordance with its regulations and rules applies equally to the calculation of the amount due for salary and benefits pursuant to a judgment of the Tribunal.
Reference(s)
ILOAT Judgment(s): 2988
Keywords:
allowance; execution of judgment; payment; salary;
Judgment 4624
135th Session, 2023
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant takes issue with the type of contract successively awarded to her by the ILO and seeks adequate compensation for the injury she considers she has suffered.
Consideration 4
Extract:
In respect of the injury that purportedly resulted from the unlawful use of technical cooperation contracts renewed several times, the Tribunal notes that, even supposing that it was unlawful to extend the technical cooperation contract after a given date, that alone does not suffice to establish that the complainant was entitled to have her employment contract converted into a contract funded from the Organization’s regular budget. Paragraph 12 of aforementioned Office Procedure IGDS Number 16, in any event, provides only for the conversion of positions such as that held by the complainant to regular budget positions “progressively and where feasible”. However, the Organization asserts, without being effectively contradicted by the complainant, that such a conversion was not possible in this case owing, in particular, to the lack of budgetary resources available for that purpose.
Keywords:
allowance; contract; prejudice;
Consideration 8
Extract:
The complainant [...] contends that the Director-General’s decision did not adequately justify the amount of compensation awarded, since that amount was not broken down between the various injuries for which compensation was awarded.
However, the Tribunal considers that it is permissible for an international organisation to decide to award a lump sum in compensation for all injuries suffered by a member of its staff.
Keywords:
allowance; damages; motivation;
Judgment 4591
135th Session, 2023
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the reduction in the amount of his functional allowance calculated in proportion to the reduction in his working hours.
Judgment keywords
Keywords:
allowance; complaint dismissed; part-time employment; special post allowance;
Judgment 4487
133rd Session, 2022
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the fact that the arrears owed to him in respect of his invalidity allowance, related benefits and unused leave following a retroactive modification of the monthly gross salary scales in December 2012 were not paid to him until January 2013.
Judgment keywords
Keywords:
allowance; complaint dismissed; delay in payment; invalidity;
Judgment 4484
133rd Session, 2022
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the decisions to reject their claim for reimbursement of deductions made as from December 2015 to a compensatory allowance following their career progression and the ensuing increase in their salary.
Judgment keywords
Keywords:
acquired right; allowance; complaint dismissed;
Consideration 8
Extract:
As the Committee noted, the compensatory allowance was meant to serve as a means of mitigating the adverse financial effects that the reorganisation had had on the complainants’ income in 2005 and not as a permanent financial bonus, and that moreover, ten years after the commencement of that entitlement the EPO slightly reduced the compensatory allowance, while nonetheless maintaining the complainants’ income at a stable level. In the Tribunal’s view, this reasoning is in line with the Tribunal’s analyses in Judgments 2972 and 3109, consideration 3, particularly as the complainants no longer perform shift work outside normal working hours. As the impugned decisions accepted the Appeals Committee’s reasoning on this issue, the complainants’ claims to the contrary are unfounded.
Reference(s)
ILOAT Judgment(s): 2972, 3109
Keywords:
acquired right; allowance; mitigation of loss;
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;
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