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Residence (346,-666)

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Keywords: Residence
Total judgments found: 39

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  • Judgment 926


    65th Session, 1988
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "The purpose of the [expatriation] allowance is [...] to meet the case where the employee has no affinity with the country of his duty station. Although the employee who is a citizen will ordinarily have such affinity, 72[3] [of the Service Regulations] recognises that residence abroad for at least ten years before appointment will break it. But it is only reasonable to require that the residence abroad be continuous because any interruption of it will restore the affinity."

    Reference(s)

    Organization rules reference: ARTICLE 72 OF THE EPO SERVICE REGULATIONS

    Keywords:

    condition; duty station; enforcement; non-resident allowance; residence; staff regulations and rules;

    Consideration 6

    Extract:

    "It is plain from the text [of Article 72 of the Service Regulations] that the allowance is to be refused to an employee who is a citizen of the country where he is stationed unless at the time of appointment he has been continuously resident in another country for at least ten years. That is indeed the purport of the English and French texts, which are clear: the terms 'résident' and 'résidaient' do not necessarily connote permanent or established residence. The English and French versions being explicit, the German is to be interpreted in a way that reconciles all three; and in its English and French versions 72[3] requires that a citizen of the Federal Republic serving at Munich shall be paid the allowance only if at the time of appointment he has been 'continuously resident for at least 10 years' outside the Federal Republic."

    Reference(s)

    Organization rules reference: ARTICLE 72 OF THE EPO SERVICE REGULATIONS

    Keywords:

    difference; duty station; interpretation; language of rule; nationality; non-resident allowance; residence;



  • Judgment 854


    63rd Session, 1987
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant, a national of the Federal Republic of Germany, was initially appointed to The Hague, where he received an expatriation allowance; he was then transferred to Berlin where he no longer received the allowance. The complainant contends that he is still entitled to the allowance under Article 72[3] of the EPO Service Regulations since, even though a national of the country in which he is serving, he had been continuously resident in another State for at least 10 years at the time of appointment. The complainant takes the expression 'at the time of their appointment' to mean at the date of transfer. The interpretation is without merit. The complaint is dismissed.

    Reference(s)

    Organization rules reference: ARTICLE 72.3 OF THE EPO STAFF REGULATIONS
    ILOAT Judgment(s): 786

    Keywords:

    interpretation; nationality; non-resident allowance; place of origin; provision; residence; right; staff regulations and rules;



  • Judgment 766


    59th Session, 1986
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1

    Extract:

    The complainant "claims to remain entitled to expatriate benefits, which are payable only to a staff member who is serving outside the country and area of his recognised place of residence."

    Keywords:

    condition; duty station; non-resident allowance; residence;



  • Judgment 664


    56th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    Over the previous three years, the complainant resided continuously in the country where she was to serve. The continuity of her stay was not broken by a two month stay for the purpose of convalescence in another country. The fact that she had to register in the municipality where she was convalescing does not indicate that she intended to interrupt her residence in the country of the organisation's headquarters. It was therefore proper for her to have been recruited on a local basis.

    Keywords:

    local status; residence;



  • Judgment 613


    53rd Session, 1984
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant's present contract, converting the original, extended appointment, bears out his original status as a locally recruited member of the general service staff. At the time of signing he was aware of the Organization's position that he had local status. He made no objection until after the contract had come into force. "There is nothing in WHO Rules to oblige the Organization to grant non-local status to someone [...] merely because he is a citizen of a country other than that of the duty station or has been resident in the country of his nationality."

    Keywords:

    general service category; local status; nationality; non-local status; residence; terms of appointment;



  • Judgment 486


    48th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 4 and 8

    Extract:

    The complainant was promoted from GS to P. This change was not an appointment. Under the stated policy of the organization such a promotion justified a review of the place of residence. But such a statement of practice "must not conflict with the rule which it is elaborating". The applicable provision stipulates that the place determined at the time of appointment should be recognised throughout the service. "This forbids the change of residence which the complainant is asking the Tribunal to order."

    Keywords:

    amendment to the rules; contract; enforcement; general service category; local status; practice; professional category; promotion; provision; residence; staff regulations and rules;



  • Judgment 485


    48th Session, 1982
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1(A)

    Extract:

    At the time of her appointment the complainant was living outside Italy. She moved to that country to take up her duties in Rome, which, in her view, established the international character of her appointment. The organization submits that the words "internationally recruited" apply to general service category staff with non-local status, as defined by the material provision. "If these words stood by themselves the complainant's argument might well be preferred [...] but they must be interpreted in their context in the Staff Rules." Under the applicable rules, the position of the organization is warranted.

    Keywords:

    enforcement; local status; non-local status; provision; residence; staff regulations and rules;



  • Judgment 484


    48th Session, 1982
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1(A)

    Extract:

    Vide Judgment 485, consideration 1(a).

    Reference(s)

    ILOAT Judgment(s): 485

    Keywords:

    enforcement; local status; non-local status; provision; residence; staff regulations and rules;



  • Judgment 483


    48th Session, 1982
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2(A)

    Extract:

    Vide Judgment 485, consideration 1(a).

    Reference(s)

    ILOAT Judgment(s): 485

    Keywords:

    enforcement; local status; non-local status; provision; residence; staff regulations and rules;



  • Judgment 477


    47th Session, 1982
    Central Office for International Railway Transport
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    The complainant is mistaken in relying on the definition of residence contained in national legislation. "The Staff Regulations should be interpreted in themselves, with due regard to their purpose and independently of national legislation.

    Keywords:

    applicable law; definition; domestic law; residence; staff regulations and rules;



  • Judgment 285


    37th Session, 1976
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "If, as the Tribunal believes, it is intended by [the material provision] that a pensioner should be paid in the currency of the country in which he "declares his home to be", the article should say so expressly. [...] It may well be considered desirable that he should have an option to change his country of residence and consequently the currency in which his pension is paid; if this is what is intended, the article should be limited to that."

    Keywords:

    currency of payment; interpretation; pension; residence; staff regulations and rules;



  • Judgment 272


    36th Session, 1976
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The complainant is entitled to have it declared that she was at the time of her appointment resident at Lima. "But the Tribunal will not decide that she was entitled to 'attendant benefits' [...] This is a question which may be answered differently in the case of different benefits under different rules; the answer may be dependent also upon the relevant facts and circumstances at the time when the benefit becomes due. If and when an allegation is made that any particular benefit has been wrongfully withheld, the Tribunal will decide it upon the facts then presented.

    Reference(s)

    Organization rules reference: WHO STAFF RULE 360

    Keywords:

    appointment; case sent back to organisation; consequence; non-local status; residence;

    Consideration 2

    Extract:

    The complainant invites the Tribunal to rule that she was "internationally recruited" and therefore subject to the benefits provided for by the applicable provisions. The term does not appear in any of the provisions cited; no definition of the term is to be found in the dossier. "The Tribunal takes it to mean that staff whose nationality and/or residence at the time of recruitment was not that of the country in which the duty station for which they were recruited is situated."

    Keywords:

    appointment; definition; duty station; nationality; no provision; non-local status; residence;

    Consideration 8

    Extract:

    The interveners have not provided a clear and positive statement of their residence at the time of recruitment. "[T]he cases of the interveners should be remitted to the Director-General so that, in the light of this judgment [...] he may amend the [...] form [...] so as to show in each case the correct and agreed residence immediately prior to appointment with liberty to each intervener to apply to the Tribunal if agreement is not reached."

    Keywords:

    appointment; case sent back to organisation; intervention; residence;



  • Judgment 270


    36th Session, 1976
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The provision concerning the reimbursement of travel expenses "is to enable staff members and their family to visit their place of origin from time to time. Hence it does not apply in respect of a wife and children who live in the place of origin."

    Keywords:

    condition; dependant; home leave; purpose; refund; residence; travel expenses;

    Consideration 4

    Extract:

    If the parents are separated, "payment of [the higher school]allowance is warranted where the child attends school away from the place of residence of the parent with whom he normally lives [...] if [...] the child attends school at the place of residence of the parent who has custody of him, that is a normal situation and there is no reason to pay the allowance at the higher rate. It is immaterial that the parents are separated and that, though living with his mother, the child is a dependant of the father. It is true that in the present case the child's maintenance is in general more costly to the father than it would be if father and son were living together. But that is a consequence not of the choice of school but of the separation of the parents, and the organisation cannot be held liable therefor."

    Keywords:

    allowance; amount; condition; dependent child; education expenses; parents separated; rate; residence;



  • Judgment 244


    33rd Session, 1974
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 2-3

    Extract:

    The complainant, of Tunisian nationality, held fixed-term contracts, followed by a contract of indeterminate duration. Under the terms of these contracts he was "locally recruited". In application of the relevant provisions, "he was deemed to be a locally recruited official and his home was therefore his duty station, namely Geneva, as the Director-General held in the impugned decision."

    Keywords:

    contract; duty station; general service category; home; local status; non-local status; residence; successive contracts; terms of appointment;

    Consideration 4

    Extract:

    "[T]he complainant did not object to the terms of [his appointments, which gave him local status,] at any time before or during their period of validity. It was only after the appointments had expired that he maintained that Geneva could not lawfully be stated to be his home. It was therefore no longer open to him to contest the terms of appointment, which had become final."

    Keywords:

    contract; decision; local status; non-local status; receivability of the complaint; residence; terms of appointment; time bar;



  • Judgment 177


    26th Session, 1971
    United International Bureaux for the Protection of Intellectual Property
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4(C)

    Extract:

    It appears from the inquiries which the Tribunal has made of the intergovernmental organisations that the complainants cannot rely upon established "practice". Complainants would be entitled to the reimbursement of the taxes paid only if their families' residence in a place other than that of their activity, and consequently their liability to taxation in that place were justified by special reasons. "The complainants must therefore take the consequences of a situation which was not forced upon them."

    Keywords:

    condition; duty station; refund; residence; tax;

    Consideration 4(A)

    Extract:

    If an official or his family resides in a locality other than that where he works, "and if on that account he is liable to tax, he cannot as a rule insist on reimbursement. Exceptions to this rule are allowable only in special circumstances, for example where the [...] official is appointed on a temporary contract or is unable to find suitable accommodation in the locality where he works."

    Keywords:

    condition; consequence; difference; duty station; refund; residence; right; tax;



  • Judgment 138


    22nd Session, 1969
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "Circumstances could be envisaged in which significant additional expenses have been incurred solely for the education of the children in the home country when a household is maintained in that country for the school-going children. In international organisations where multicultural and multilingual employees are gathered from various parts of the world the possibility of such a situation should be expected. The Director-General could not therefore dismiss complainant's request on principle but should [...] taking into account all the circumstances of the case have exercised his discretion [...]."

    Keywords:

    allowance; education expenses; parents separated; place of origin; residence;



  • Judgment 123


    20th Session, 1968
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The complainant gave as his permanent residence a city in the United States. This might mean either that he was recruited there or that he was supposed to spend his home leave there. "Being open to interpretation in either of these two ways, this is thus not decisive. What is decisive, however, is the fact that [the] complainant does not deny at the time of his recruitment that he was [...] in [...] the country of his duty station." It follows that he was locally recruited and that he is not entitled to claim payment of his travel expenses or a repatriation grant under the material provisions.

    Keywords:

    appointment; duty station; repatriation allowance; residence; right; travel expenses;



  • Judgment 113


    18th Session, 1967
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The complainant did not come to the country with the specific aim of seeking employment with the organisation; once there, she sought work and was engaged for short periods. She may in no way be regarded as having come for the purpose of serving in the organisation and may not claim the benefits accruing from non-local status. "[T]he case comes under the general principle that recruitment in the country of the duty station normally results in local status, and there are no abnormal factors requiring the Director-General to decide otherwise."

    Keywords:

    appointment; duty station; local status; non-local status; residence;



  • Judgment 48


    8th Session, 1960
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    The complainant has refugee status. The fact that she was in the country of the organization's headquarters "was due neither to a legal barrier to her emigration nor to any physical impossibility of securing admission to another country. Therefore, even if the notion of residence involves fulfillment of the two conditions of physical presence and intention to reside", the complainant was rightly deemed to have been resident in the country and was rightly classified as a locally recruited official.

    Keywords:

    local status; non-local status; refugee; residence; status of complainant;

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