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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 1784


    86th Session, 1999
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    "Under Manual paragraph I.2.510 the Organization is empowered to require that the original bills be attached to the form that the staff member must fill up to claim the education grant. It does not have to accept evidence of the sort the complainant is offering. It will evaluate any alternative proof he may produce in the absence of the bills. Original documents must have gone astray before, and it is often possible to reconstitute them. It is up to the Organization to decide - subject to review by the Tribunal - whether the proof offered is satisfactory."

    Reference(s)

    Organization rules reference: PARAGRAPH I.2.510 OF WHO MANUAL

    Keywords:

    admissibility of evidence; allowance; application for execution; appraisal of evidence; burden of proof; complainant; disclosure of evidence; discretion; education expenses; evidence; judicial review; lack of evidence;



  • Judgment 1783


    85th Session, 1998
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "When the Tribunal quashes a flawed decision not to renew a fixed-term appointment it has discretion as to the relief it grants. It may send the case back for a new decision by the Organisation on renewal [...] but if it considers that renewal would be only fair, it will, instead of ordering a new decision, actually order reinstatement under a new contract for an appropriate term. [...] But if it considers neither a new decision nor reinstatement to be possible or advisable, it may, as authorised by Article VIII of its Statute, award the complainant compensation."

    Reference(s)

    ILOAT reference: ARTICLE VIII OF THE STATUTE

    Keywords:

    allowance; application for execution; case sent back to organisation; compensation; contract; decision quashed; duration of appointment; effect; fixed-term; iloat statute; judgment of the tribunal; non-renewal of contract; reinstatement; subsidiary;



  • Judgment 1780


    85th Session, 1998
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6(b)

    Extract:

    "Regular payments by an employer, whether in the form of salary or of some other benefit, amount to decisions that may be challenged at the time. Failing such challenge they become final and may be challenged thereafter only if there are grounds for review of administrative action."

    Keywords:

    allowance; condition; continuing breach; individual decision; receivability of the complaint; salary;



  • Judgment 1717


    84th Session, 1998
    International Fund for Agricultural Development
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "Interpretation depends both on the context and on the nature of the text. [...] Judgment 1614 used the word [pay] to determine the amount of damages and ordered the fund to pay [the complainant] what she would have earned for six months' service. So 'pay' means the amount she would have actually received had she been under contract for those six months, and it must include salary and any allowances payable to her of whatever kind - post adjustment, family allowance, and so forth. It does not, however, include the compulsory health insurance and other contributions that were routinely docked from her emoluments."

    Reference(s)

    ILOAT Judgment(s): 1614

    Keywords:

    allowance; application for execution; application for interpretation; definition; interpretation; salary; tribunal;



  • Judgment 1461


    79th Session, 1995
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainants impugn decisions refusing them an allowance. The Tribunal considers that "since the decisions are set aside the complainants are also entitled to payment of the interest on arrears that they claim. Interest on arrears is due by virtue of the principle of equal treatment [...]. The principle lays on the organisation the duty to pay such interest so as to restore parity between someone who got [an] allowance at the due date and someone who got it later."

    Keywords:

    allowance; date; equal treatment; interest on damages;



  • Judgment 1447


    79th Session, 1995
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    The complainant was wrongfully dismissed and "there are no proven facts which make his reinstatement 'not possible or advisable' within the meaning of Article VIII of the Tribunal's sSatute. The organisation must reinstate him and pay him salary, allowances and other entitlements as from [the date of his dismissal]. He need not give credit for any sums he may have earned since that date. For that reason he is awarded no sum in moral damages".

    Reference(s)

    ILOAT reference: ARTICLE VIII OF THE STATUTE

    Keywords:

    allowance; date; iloat statute; moral injury; reinstatement; salary;



  • Judgment 1428


    79th Session, 1995
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "In determining the amount of basic salary, as against the special allowances, what counts is sums actually paid in salary, whatever they may be called and whatever method of accounting may be applied."

    Keywords:

    allowance; base salary; definition; salary;



  • Judgment 1419


    78th Session, 1995
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 24

    Extract:

    "The second sentence of [Article VIII of the Tribunal's Statute] does no more than allow an alternative, to which the Tribunal may resort as it deems fit, in the particular case where there is difficulty over discharging some non-financial obligation. The reference in the article to the possibility of awarding 'compensation for the injury caused' does not preclude the Tribunal's determining, in exercise of the competence conferred by the first sentence, the financial consequences of an organisation's failure to abide by its staff regulations or to discharge its contractual obligations."

    Reference(s)

    ILOAT reference: ARTICLE VIII OF THE STATUTE

    Keywords:

    allowance; compensation; iloat statute; injury; judicial review; organisation's duties; staff regulations and rules;



  • Judgment 1403


    78th Session, 1995
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    Although the rules do not provide for the grant of a so-called typist's allowance for clerical officers, Eurocontrol has on an individual basis and upon application granted it to clerical officers who met certain objective conditions. "So the question at issue is whether Eurocontrol is bound in law by such long-standing practice. As was held in Judgment 421 [...] and again in Judgment 1053 [...] an organisation may be so bound where the practice is one that the staff have come to rely on."

    Reference(s)

    ILOAT Judgment(s): 421, 1053

    Keywords:

    allowance; binding character; case law; criteria; organisation's duties; practice; staff regulations and rules;



  • Judgment 1347


    77th Session, 1994
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 15-16

    Extract:

    The complainant received a study allowance for her tuition costs in an amount greater than she was entitled to. The PAHO asked her to repay the overpayment and took away some of her responsibilities. She regards the removal of certain responsibilities as unwarranted disciplinary action. But "the PAHO was entitled to take administrative action to prevent lapses in the future. Changing her duties for those reasons may not be regarded as a disciplinary measure either."

    Keywords:

    allowance; amendment to the rules; disciplinary measure; education expenses; organisation's interest; post description; recovery of overpayment; unjust enrichment;

    Consideration 13

    Extract:

    The complainant received financial aid from the PAHO to pursue her studies. Her university waived part of her tuition fees so that the cost to her was less than the amount she collected. "The conclusion is that she did not take sufficient care to make full disclosure to the organization of the assistance given by the university."

    Keywords:

    allowance; amount; duty to inform; education expenses; refund; staff member's duties; unjust enrichment;

    Consideration 14

    Extract:

    The complainant received financial aid from the PAHO to pursue her studies. Her university waived part of her tuition fees so that the cost to her was less than the amount she collected. "Having obtained financial benefits to which she was not entitled, the complainant was under an obligation to refund the over-payments and the PAHO was entitled to recover them."

    Keywords:

    allowance; amount; education expenses; recovery of overpayment; refund; unjust enrichment;



  • Judgment 1334


    76th Session, 1994
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 24

    Extract:

    "As for the Flemming principle, it 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."

    Keywords:

    allowance; flemming principle; local status; salary;



  • Judgment 1311


    76th Session, 1994
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "The hallmark of 'basic salary' is that it takes the form of regular and uniform payments to local staff by virtue of their status as such, according to prescribed scales and at set dates. The 'special allowances' are distinguishable by being due only in particular circumstances that are usually peculiar to each staff member".

    Keywords:

    allowance; base salary; definition; scale; social benefits;

    Considerations 9-10

    Extract:

    "In determining the amount of basic salary [...] as against the special allowances what counts is sums actually paid in salary, whatever they may be called and whatever method of accounting may be applied." The Tribunal holds that what the ESO regards as "special allowances" form part of "the basic salary that counts in reckoning the service indemnity where [it is] a regular additional item of pay."

    Keywords:

    allowance; base salary; definition; elements; reckoning; terminal entitlements;



  • Judgment 1294


    75th Session, 1993
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 20

    Extract:

    "In Judgment 447 [the Tribunal] declared, as to compensation for moral injury, that 'where the impugned decision is not unlawful such compensation is due only in exceptional circumstances'."

    Reference(s)

    ILOAT Judgment(s): 447

    Keywords:

    allowance; case law; compensation; moral injury;



  • Judgment 1266


    75th Session, 1993
    International Union for the Protection of New Varieties of Plants
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 38

    Extract:

    Vide Judgment 1265, consideration 38.

    Keywords:

    allowance; breach; international civil service principles; request by a party; tribunal;



  • Judgment 1265


    75th Session, 1993
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 38

    Extract:

    "The complainants claim damages for breach of their basic rights, which the Tribunal has acknowledged. All that need be said is that payment of damages is not a proper means of giving them satisfaction on a matter of principle of that kind."

    Keywords:

    allowance; breach; compensation; international civil service principles; request by a party; tribunal;



  • Judgment 1246


    74th Session, 1993
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 15

    Extract:

    "The procedural flaw caused the complainant injury. As to the relief she is entitled to on that account, the Tribunal holds that it is not advisable to grant her the redress that would ordinarily be the consequence of quashing the impugned decision, namely reinstatement. The Tribunal therefore exercises the discretion vested in it by Article VIII of its Statute and instead awards the complainant damages for the breach of procedure. It sets the amount at the equivalent of one year's salary and allowances."

    Reference(s)

    ILOAT reference: ARTICLE VIII OF THE STATUTE

    Keywords:

    allowance; compensation; decision; due process; flaw; iloat statute; material damages; procedural flaw; reinstatement; right; salary; tribunal;



  • Judgment 1238


    74th Session, 1993
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The Tribunal orders the complainant's reinstatement. The organization "must do its utmost to reinstate him in the post which he held [...] or in any comparable one acceptable to him. Only if that proved impossible should it pay him additional damages equivalent to the salary, allowances and other entitlements which he would have received over a period of two years had he been reinstated in its employ as from the date of this judgment."

    Keywords:

    allowance; compensation; date; flaw; judgment of the tribunal; post; post held by the complainant; reinstatement; salary; termination of employment;



  • Judgment 1237


    74th Session, 1993
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "As was held in Judgment 1166, under 2, unpaid associates come under 'non-established members of the personnel' by virtue of [CERN Staff] Rule I 2.01. Being an unpaid associate the complainant was not entitled to unemployment benefit, which CERN grants only to 'established members of the personnel'."

    Reference(s)

    Organization rules reference: CERN STAFF RULE I 2.01
    ILOAT Judgment(s): 1166

    Keywords:

    allowance; right; social benefits; staff regulations and rules; status of complainant;



  • Judgment 1233


    74th Session, 1993
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    The complainant objects to UNESCO's holding up her dismissal indemnity and to the slowness of the compensation procedure, for which she claims damages. "The evidence does reveal unfortunate delay and remarkable dilatoriness in settling the case. But the organization may not be held liable for any particular negligence warranting an award of special damages under this head. The delay in sorting out the various issues of the case was due to a combination of several factors: procedural complications, the changing nature of the complainant's health, her living far from headquarters, and the need - for her own sake too - for many medical inquiries."

    Keywords:

    administrative delay; allowance; delay; lack of injury; misconduct; refusal; request by a party; terminal entitlements;



  • Judgment 1232


    74th Session, 1993
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The complainant, a civil servant of the organization who had been sentenced in his country of origin, was released from prison but was not allowed to leave the country. Under duress he wrote a letter applying for early retirement which was forwarded to the organization by his government. The organization accepted the request and rejected the complainant's internal appeal against that decision. The Tribunal quashes the decision. "The organization must reinstate [the complainant] and restore pension and sickness insurance entitlements for himself and his dependants. It shall pay him damages reckoned according to the amount of the salary and allowances he would have been entitled to".

    Keywords:

    allowance; consequence; health insurance; illness; insurance; judgment of the tribunal; pension entitlements; reckoning; reconstruction of career; salary;

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Last updated: 21.10.2021 ^ top