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Commutation of accrued leave (425,-666)

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Keywords: Commutation of accrued leave
Total judgments found: 4

  • 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;



  • Judgment 904


    64th Session, 1988
    Intergovernmental Council of Copper Exporting Countries
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    Annual leave is proportional to the amount of service. The complainant served on a part-time basis. The Tribunal holds that it was proper for this to enter into the reckoning of accrued leave.

    Keywords:

    annual leave; commutation of accrued leave; part-time employment; reckoning;



  • Judgment 357


    41st Session, 1978
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "A staff member who leaves the [organisation] is supposed to return to his home country and to use there the sum which he has received as compensation for accumulated annual leave. In calculating that sum, therefore, there are no grounds for taking account of benefits and allowances such as post adjustments, which have to be determined in the light of the cost of living at the duty station."

    Keywords:

    allowance; amount; commutation of accrued leave; criteria; separation from service;

    Consideration 2

    Extract:

    "A staff member may derive an acquired right either from a clause of his contract of appointment or from a provision of the Staff Regulations or the Staff Rules which was important enough to affect the mind of the ordinary applicant when he was considering joining the staff of the organisation." [In the instant case, the provision on compensation for accumulated leave was modified; but there is nothing to suggest that an applicant for a position on the staff would have joined the organisation in reliance on the earlier rule.]

    Keywords:

    acquired right; amendment to the rules; commutation of accrued leave; contract; provision; staff regulations and rules;



  • Judgment 1


    1st Session, 1947
    League of Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "[A] day's leave for the purpose of compensation should be counted as one-365th of the annual salary and not as one-304th of the total working days, which would be admissible only if the salary were calculated by working day".

    Keywords:

    annual leave; commutation of accrued leave; reckoning;


 
Last updated: 07.12.2021 ^ top