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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)

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Keywords: Allowance
Total judgments found: 125

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  • Judgment 3533


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants, who are married and have children, contest the decision to pay only to one of them at a time the child supplement to the expatriation allowance.

    Judgment keywords

    Keywords:

    allowance; complaint allowed; dependent child; joinder;



  • Judgment 3532


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the rejection of her home loan supplement in respect of her dependent children.

    Judgment keywords

    Keywords:

    allowance; complaint allowed; dependent child;



  • Judgment 3523


    120th Session, 2015
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision to discontinue the payment of the education allowance for her son.

    Judgment keywords

    Keywords:

    allowance; complaint dismissed; dependent child; education expenses; permanent appointment;



  • Judgment 3310


    117th Session, 2014
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant asks for the recalculation of an education allowance by reference to the dependent handicapped child allowance (instead of on the basis of the dependent child allowance).

    Judgment keywords

    Keywords:

    allowance; complaint dismissed; dependent child; education expenses; handicapped person;



  • Judgment 3223


    115th Session, 2013
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns a decision on which the Tribunal already ruled in Judgment 2881 and which is res judicata.

    Consideration 6

    Extract:

    "[T]he Tribunal considers that, by virtue of the adversarial principle, an employer organisation may not raise an objection to an internal appeal filed by a staff member unless that person is able to express his or her views on the merits of the objection. As the [organisation] points out, Staff Rule 11.1.1, paragraph 4, makes no provision for a staff member to file a rejoinder with the Appeal Board; however, nor does it rule out this possibility, and it does not therefore preclude the submission of a rejoinder by the person concerned in accordance with the requirements of the adversarial principle. [...]
    The internal appeal proceedings were [thus] tainted with a flaw which, contrary to the [organisation]s submissions, cannot be redressed in proceedings before the Tribunal. In the particular circumstances of the case, the Tribunal will not, however, set aside the impugned decision, but it will grant the complainant compensation in the amount of 1,000 euros for the moral injury caused by this flaw."

    Reference(s)

    Organization rules reference: Paragraph 4 of ITU Staff Rule 11.1.1

    Keywords:

    adversarial proceedings; allowance; breach; compensation; discretion; general principle; iloat; internal appeal; internal appeals body; moral injury; no provision; organisation's duties; procedural flaw; procedure before the tribunal; refusal; rejoinder; reply; request by a party; res judicata; right; right to reply; staff regulations and rules;



  • Judgment 3195


    115th Session, 2013
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant unsuccessfully impugns the decision to stop paying him the education allowance for his daughter.

    Judgment keywords

    Keywords:

    allowance; complaint dismissed; education expenses;



  • Judgment 3114


    113th Session, 2012
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    A year and a half passed following the recommendations before a final decision was reached, and that decision was obtained only after the complainant had lodged an application for execution with the Tribunal. "This delay is manifestly unreasonable. The complainant will be awarded an indemnity, which it is fair to set at 2,000 euros, for the moral injury she has thus been caused."

    Keywords:

    administrative delay; allowance; application for execution; compensation; decision; internal appeals body; moral injury; reasonable time; recommendation;



  • Judgment 3064


    112th Session, 2012
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 10-11

    Extract:

    The complainant submits that the investigation ordered by the Director-General of the ILO into her allegations of harassment was considerably delayed. The ILO admits that "the delay in holding the investigation is inexcusable". Nevertheless, it considers that "[t]he complainant's claims in this respect are [...] groundless", since 3,000 Swiss francs were awarded as compensation for this delay.
    "The Tribunal considers, however, that even if such a sum had been paid promptly and accepted by the complainant, which is not the case, the Organization could not shed its responsibility for the considerable delay in holding the investigation by simply deciding to award the complainant compensation for the injury suffered [...]. The ILO holds that the delay is due, not to the Administration's wish to harm the complainant, but to an error. In the Tribunal's opinion, this fact likewise does not exonerate the Organization or lessen its responsibility, since the error was committed by its Administration. As the [internal appeals body] rightly noted in its report [...] more than 15 months after the Director General's decision there was no information as to the progress of the investigation, or the date on which the investigator would submit his report. Consequently, it must be found that the delay in conducting the investigation caused the complainant moral injury which must be redressed."

    Keywords:

    acceptance; administrative delay; allowance; compensation; date; delay; duty to inform; harassment; injury; inquiry; internal appeals body; investigation; liability; misconduct; moral injury; organisation; organisation's duties; payment; report;



  • Judgment 3020


    111th Session, 2011
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    WTO Staff Rule 106.11 provides that "[n]ational income tax on salaries, allowances, indemnities or grants paid by the WTO shall be refunded to the staff member by the WTO." The complainant considers that her salary is indirectly taxed, because it is included in the assessment of her husband's rate of income tax. The Organization rejected her claims for reimbursement of what she describes as "over-taxation by the Swiss tax authorities". The Tribunal holds that "[t]he refusal to provide compensation for the additional amount of tax unfairly levied on the couple's income solely because of the complainant's earned income, although it was exempt from taxation, would have a paradoxical effect. A rule designed to guarantee equal wages would lead to unjustifiable inequality between an official whose earned income was unduly taxed although it was by law exempt from taxation and an official whose tax-exempt salary was taken into account for assessment purposes, thus reducing his/her spouse's disposable income after tax and therefore his/her economic capacity from which the official living with him/her naturally benefits. The impugned decision is therefore unlawful."

    Reference(s)

    Organization rules reference: WTO Staff Rule 106.11

    Keywords:

    allowance; breach; compensatory allowance; decision quashed; deduction; domestic law; effect; equal treatment; grounds; marital status; official; organisation; payment; purpose; rate; reckoning; recovery of overpayment; reduction of salary; refund; refusal; request by a party; safeguard; salary; staff regulations and rules; status of complainant; tax; written rule;



  • Judgment 2988


    110th Session, 2011
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    Application for execution of Judgment 2786.
    "[A]n organisation has a duty to calculate staff salaries and benefits in accordance with its regulations and rules. This 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): 2786

    Keywords:

    allowance; application for execution; execution of judgment; payment; salary;



  • Judgment 2972


    110th Session, 2011
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "It was recognised in Judgment 666 that 'an allowance may form an essential part of the official's contract [...] and its abolition would therefore constitute breach of [an] acquired right'. However, it was also said in that case that an official 'has no acquired right to the actual amount of the allowance or to continuance of any particular method of reckoning it. Indeed, he must expect these to change as circumstances change'."

    Reference(s)

    ILOAT Judgment(s): 666

    Keywords:

    acquired right; allowance; amount; contract; night differential; payment; 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 2924


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

    Consideration 4

    Extract:

    "[T]he fact that a person was present in a country for the purpose of pursuing his or her studies may well be insufficient to establish permanent residence, particularly if there are strong links to another country."

    Keywords:

    allowance; criteria; permanent appointment; purpose; residence;



  • Judgment 2870


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

    Considerations 6, 9 and 15

    Extract:

    The complaints raise the question whether Article 71 of the Office's Service Regulations - which provides for the payment of an education allowance to employees who are not nationals of the country in which they are serving and, in certain limited circumstances, to nationals of that country - offends the principle of equality. The complainants contend that, at least for the purposes of post-secondary education, Article 71 proceeds by reference to an irrelevant consideration - nationality - and, if it does not, the different treatment directed by that article is neither appropriate nor adapted to the difference involved.
    "[N]ationality is the primary distinction mandated by Article 71 [...]."
    "In principle, the nationality of the employee is properly to be regarded as a relevant difference warranting different treatment, including with respect to post-secondary education."
    "An international organisation such as the EPO, with a large workforce composed of many different nationalities, is entitled to proceed by reference to a rule applicable to all non nationals provided that the rule is appropriate and adapted to their general circumstances. And that is so even if its application in individual cases is less than perfect. Article 71 of the Service Regulations is appropriate and adapted to the general circumstances of the children of non-nationals."

    Reference(s)

    Organization rules reference: Article 71 of the Service Regulations
    ILOAT Judgment(s): 2313, 2638

    Keywords:

    allowance; difference; education expenses; equal treatment; nationality; staff regulations and rules;



  • Judgment 2829


    107th Session, 2009
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 3 and 5

    Extract:

    The complainant filed an appeal with the WIPO Appeal Board challenging the decision to suspend him from duty. The Board held that the appeal was irreceivable pursuant to the res judicata rule, inasmuch as it had already issued an opinion on the measure of suspension and no new administrative decision had been taken on this matter. The Director General also deemed the appeal irreceivable pursuant to the res judicata rule.
    The Tribunal considers that "[t]he res judicata rule applies to decisions of judicial bodies, but not to opinions or recommendations issued by administrative bodies. The Director General was therefore obviously wrong to cite this rule as the basis for declaring the internal appeal irreceivable on the grounds that the Appeal Board had already given an opinion on the suspension and that no new administrative decision had been taken on this matter."
    [...]
    "The Organization shall pay the complainant 3,000 Swiss francs in compensation for the moral injury which he suffered owing to the fact that the merits of his internal appeal were not examined."

    Keywords:

    advisory opinion; allowance; compensation; executive head; general principle; grounds; internal appeal; internal appeals body; judgment of the tribunal; moral injury; receivability of the complaint; recommendation; res judicata;



  • Judgment 2715


    104th Session, 2008
    World Customs Organization (Customs Co-operation Council)
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    The Secretary General of the Organization decided to follow the Appeals Board's recommendations and thus to award the complainant compensation. By a letter of 2 October 2006 he notified the complainant that he nevertheless intended to make payment of the compensation subject to an undertaking from the complainant that he would renounce the exercise of all means of appeal against the WCO. "[T]he Tribunal draws attention to the fact that the Secretary General's letter of 2 October 2006 contained an unlawful clause which should definitely be censured, in that its purpose was to make the actual payment of the sum in question subject to an undertaking from the complainant that he would renounce all means of appeals.
    An international organisation commits a serious breach of the general principles of law by violating, through such conduct, international civil servants' right of appeal, especially to the Tribunal."

    Keywords:

    acceptance; allowance; condition; flaw; general principle; internal appeal; payment; right of appeal; waiver of right of appeal;



  • Judgment 2706


    104th Session, 2008
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant, who was sexually harassed by her supervisor, wants the Tribunal to order that she be promoted. "[T]he Organization is of course right in saying that the compensation for her injuries should not take the form of being granted a higher grade. The advancement of an official naturally obeys its own logic related to the classification of the job done and the professional merit of the person in question, which has nothing to do with the logic behind compensation for injuries which may have been caused to this person by the international organisation employing him or her."

    Keywords:

    allowance; compensation; definition; difference; harassment; injury; organisation; organisation's duties; post classification; promotion; qualifications; request by a party; respect for dignity; sex discrimination; supervisor;



  • Judgment 2698


    104th Session, 2008
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 13-14

    Extract:

    The complainant was notified of a number of serious charges against him and was informed that he would be suspended from duty with pay until the end of the investigation into the charges. "The Director General did not [...] implement the Appeal Board's recommendation that he should conclude with all due speed the investigation into the allegations of serious misconduct against the complainant and should take a decision within a reasonable time. In fact he did not conduct the investigation with the dispatch required by the Tribunal's case law and by the circumstances of the case, and he thus caused an unjustified delay in the handling of the case. The explanations given by the Organization in its submissions are irrelevant, particularly because they do not indicate that the completion of the investigation was delayed through any fault on the part of the complainant.
    By prolonging an essentially temporary measure beyond a reasonable time, without any valid grounds, thereby placing the complainant in a situation of uncertainty as to his further career, the Organization caused him moral injury which must be redressed by awarding him the amount of 10,000 United States dollars."

    Keywords:

    allowance; breach; career; case law; compensation; consequence; decision; delay; executive head; grounds; injury; inquiry; internal appeals body; investigation; moral injury; organisation's duties; provisional measures; reasonable time; recommendation; serious misconduct; suspensive action;



  • 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 16

    Extract:

    "So far as concerns the education grant, the argument of discrimination against persons who are the children of international civil servants must [...] be rejected. [The Tribunal considers that] the purpose of the grant is not to confer a financial benefit but to enable a child of a staff member to be educated in the mother tongue of his or her parent and, ordinarily, that will be the language of the country with which the staff member has the closest connection."

    Keywords:

    allowance; breach; dependent child; education expenses; equal treatment; nationality; official; parent; place of origin; purpose;

    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;

    Consideration 22

    Extract:

    The complainant requests that the effective date of the administration's decision to grant her international status be changed to December 1991 instead of August 2005. "[I]t may be noted that, exceptionally, retroactive effect may be granted to a decision where the effect is favourable to a staff member (see Judgment 1130). In the present case, however, a grant of retroactivity would confer no benefit on the complainant either in relation to home leave or education grant. In the circumstances, the rule against retroactivity should be applied."

    Reference(s)

    ILOAT Judgment(s): 1130

    Keywords:

    allowance; amendment to the rules; claim; date; decision; education expenses; effect; enforcement; exception; general principle; home leave; non-local status; non-retroactivity; official; staff member's interest; withdrawal of decision;

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Last updated: 27.10.2021 ^ top