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Leave (423, 424, 425, 426, 427, 428, 429, 430, 431, 432, 434, 435, 436,-666)

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Keywords: Leave
Total judgments found: 13

  • Judgment 4250


    129th Session, 2020
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision not to grant him the requested paid parental leave upon the birth of his child by surrogacy.

    Consideration 8

    Extract:

    [I]t is somewhat puzzling that in the present complaint, the complainant now submits that the inappropriate use of the adoption leave provision amounts to discrimination against him. This submission is unfounded. Having regard to the complainant’s particular situation as a primary care giver, the Administration sought to accommodate his situation with a longer period of paid leave than that provided in the paternity leave provision. Based on a broad interpretation of the complainant’s situation that he was not a biological parent of his daughter, the Administration assimilated his relationship with his daughter as one of adoption. As the ILO notes, this was the most favourable decision available in the Staff Regulations.

    Keywords:

    adoption; leave;



  • Judgment 2263


    95th Session, 2003
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "The question to be resolved is that of whether, for the purposes of service order No. 99 [which defines the conditions and formalities governing the granting of a personal promotion], the period in excess of the 12-month maximum duration stipulated for short-term contracts should be taken into account in calculating the 18 years of continuous service. The answer is necessarily affirmative. [...] Once [the first 12-month period] had elapsed, the complainant must be considered to have been in service [...], even in the absence of a provision to that effect and taking into account the contracts he was granted thereafter. Regarding the [one month] break in service which occurred [subsequently], it is necessary to establish whether this prevented the complainant from completing the 18 years of continuous service [...] The Tribunal considers that it did not. The evidence on file, and particularly an affidavit produced by the complainant as an annex to his written submissions, shows that the break imposed on the complainant was justified only by the fact that he was employed under short-term contracts. since the Tribunal has determined that the complainant must be deemed to have been in service from 17 November 1982 onwards, the break in question must be viewed as a period of leave."

    Reference(s)

    Organization rules reference: SERVICE ORDER No. 99

    Keywords:

    continuance of operations; contract; duration of appointment; fixed-term; interpretation; leave; no provision; personal promotion; promotion; reckoning; seniority; short-term; successive contracts; unpaid leave; validation of service;



  • Judgment 2183


    94th Session, 2003
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 19

    Extract:

    "The principle of the confidentiality of private messages stored in a professional e-mail account must be observed [...] In the event that access to an e-mail account becomes necessary for reasons of urgency or because of the prolonged absence of the account holder, it must be possible for organisations to open the account using appropriate technical safeguards. That state of necessity, justifying access to data which may be confidential, must be assessed with the utmost care."

    Keywords:

    discretion; force majeure; general principle; leave; official; organisation; organisation's duties; safeguard;



  • Judgment 1985


    89th Session, 2000
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    The complainant was not required to work during the period from June 1995 to September 1997. She claims annual leave for that period. "Annual leave is a period of rest granted to employees each calendar year, the length of which is calculated on the basis of service completed, and that the right to such leave may be acquired only after a period of actual work which may include periods, of which there is an exhaustive list, that are treated as periods of actual work. The complainant completed no period of service which may be treated as a period of actual work, and so may not claim annual leave for the period in question."

    Keywords:

    annual leave; commutation of accrued leave; entitlement for service rendered; leave;

    Consideration 9

    Extract:

    "The purpose of home leave is to allow employees whose work separates them for a specified period from the place with which they have the closest connection outside the country in which they are employed, to return there in order to maintain their ties. The complainant was not required to work during the period from June 1995 to September 1997; and she does not deny residing in Canada, her home country, during that period. Therefore, she may not claim home leave for the period in question. The fact that the [organisation] granted her the expatriation allowance retroactively does not imply that she was also entitled to home leave."

    Keywords:

    allowance; entitlement for service rendered; home; home leave; leave;



  • Judgment 1981


    89th Session, 2000
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The complainant was placed on leave without pay. Although she was included in a reduction-in-force exercise, she was not successful and she was paid damages in lieu of reinstatement. She argues that her termination indemnity should be recalculated to take into account the period of leave. "The issue is therefore whether service time continued to accrue. the answer is that it did not accrue, since the organization opted to pay damages in lieu of reinstatement. As there was no reinstatement, service time did not occur."

    Keywords:

    abolition of post; compensation; leave; reinstatement; separation from service; terminal entitlements; unpaid leave;



  • Judgment 1083


    70th Session, 1991
    International Criminal Police Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The official date of a staff member's termination is not that on which he may have been authorised to take leave in order to seek other employment.

    Keywords:

    date; leave; separation from service;



  • Judgment 991


    68th Session, 1990
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    To mark its tenth anniversary celebration the European Patent Organisation granted a bonus to each of "all active permanent employees in post on 1 October 1987". As the complainant was then on unpaid leave "on personal grounds" he did not qualify for the benefit. The Tribunal holds that while the organisation is free to award special bonuses and free to decide who will receive them, it must apply objective criteria when doing so and avoid all arbitrary distinctions. In the instant case the restriction was based on objective criteria founded on provisions in the Staff Regulations.

    Keywords:

    compassionate leave; consequence; judicial review; leave; organisation's duties; payment; salary; special leave;

    Consideration 11

    Extract:

    "The complainant must have known when he applied for leave that he would have 'non-active status' and that that would affect his entitlement to pay and to the other benefits of employment."

    Keywords:

    career; compassionate leave; consequence; leave; promotion; salary; special leave;



  • Judgment 809


    61st Session, 1987
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 17

    Extract:

    "Unless leave is granted at his own wish or he is on sick leave - which is just an incident of employment - a paid staff member is entitled to be given work to do that matches his grade."

    Keywords:

    annual leave; assignment; exception; grade; leave; refusal to assign work; right; salary; sick leave;



  • Judgment 699


    57th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    Article 59 of the EPO Service Regulations provides that the President shall lay down the list of applicable public holidays up to a maximum of ten days. On 8 November 1983 the President issued a list of 14 public holidays, the four additional working days lost to be made up by extending working hours for a time by half-an-hour. The Tribunal holds that while the President may ignore the ten-day limit he may not put the number of hours in the working week at more than 40 except when they are remunerated or made necessary by abnormal circumstances. In the instant case such circumstances do not exist.

    Reference(s)

    Organization rules reference: ARTICLE 59 OF THE EPO SERVICE REGULATIONS

    Keywords:

    compensatory measure; discretion; increase; judicial review; leave; overtime; public holiday; working hours;



  • Judgment 692


    57th Session, 1985
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    Unlike special leave, leave required in the service of the organisation must be granted, as provided by the regulations, according to circumstances and is not otherwise subject to a time limit. The 12-day leave requested by the complainant is justified for transfer from one duty-post to another, i.e. for professional purposes. The Tribunal allows the complaint.

    Keywords:

    amendment to the rules; duty station; grounds; leave; request by a party; transfer;



  • Judgment 633


    54th Session, 1984
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The unconditional acceptance by the complainant of the Secretary-General's offer [...] amounted to a withdrawal of any objection he may have had to the Secretary-General's placing him on leave in the first place. Any question of principle which he might have been able to raise in regard to his being placed on leave otherwise than on his own application, and any distinction he might have sought to draw between annual leave entitlement and accrued annual leave, have been rendered purely hypothetical by his acceptance of the arrangement offered".

    Keywords:

    abolition of post; acceptance; leave; special leave; unpaid leave; waiver of right of appeal;



  • Judgment 391


    43rd Session, 1980
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The organisation imposed four unpaid days of leave on the staff. It "doubts whether there is any substance to the complaints and hence whether they are receivable. It argues that if the complainants take the cash equivalent of the compulsory leave, all they will have done is make a 'loan' [...] 'bearing a high rate of interest' at that. But that is just a hypothesis and does not mean that there is no substance to the claims for relief."

    Keywords:

    cause of action; compensatory measure; leave; receivability of the complaint; reduction of salary; salary;

    Considerations 7 and 15

    Extract:

    The organisation imposed four unpaid days of leave on officials. The decision "was [...] true to the aims of [the organisation] which, in the interests of workers, not only safeguards their employment but protects its terms." It was not contrary to the interests of the organisation. "Although it was not of benefit to Member States, it was in keeping with the [organisation's] aims, and so with its interests as construed by its founders."

    Keywords:

    budgetary reasons; compensatory measure; deduction; leave; organisation's interest; reduction of salary; salary;

    Consideration 14

    Extract:

    The organisation imposed four unpaid days of leave on officials over a period of six months. "It is immaterial that the decision made no formal amendment to the Staff Regulations or to individual contracts of employment of the staff members to which it applied. First, it was a temporary measure, and so there was no question of amending the Staff Regulations. Secondly, what happened was that individual contracts of employment were subject to implied amendment for a period of six months, as provided for" in the provision concerning the modification of contracts.

    Keywords:

    amendment to the rules; compensatory measure; contract; deduction; formal requirements; leave; reduction of salary; salary; staff regulations and rules;

    Consideration 8

    Extract:

    "There is no need to consider whether it is a breach of the rule [requiring consideration for services rendered] to reduce remuneration without reducing working time. In this case both salary and working time were reduced. Whatever may have been the reasons for granting compulsory leave, there was no breach of the rule."

    Keywords:

    compensatory measure; entitlement for service rendered; leave; reduction of salary; salary;



  • Judgment 36


    7th Session, 1958
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    "Although leave is granted on a request approved by the supervisor, such approval is subject to the requirements of the service [...]. The supervisor's discretionary power to determine such requirements is not a matter subject to control by the Tribunal [...]. Far from proving the 'excès de pouvoir' which he alleges, the complainant's case on this point is devoid of substance [...]. The refusal to grant the leave requested by the complainant therefore appears justified."

    Keywords:

    annual leave; discretion; leave; organisation's interest; refusal; right; supervisor;


 
Last updated: 28.10.2020 ^ top