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Refund (487,-666)

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Keywords: Refund
Total judgments found: 76

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  • Judgment 976


    66th Session, 1989
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant is seeking the reimbursement of charges for shipment of baggage when he took home leave. He contends that the organisation's practice from which he benefited until 1985 was to authorise both the conversion of unused excess baggage allowances into air freight and the combination of baggage allowances for the outward and the return journeys. The Tribunal holds that the practice of conversion is in keeping with the applicable upu rules, but that combination is not covered by the rules.

    Keywords:

    enforcement; home leave; personal effects; practice; refund; staff regulations and rules; transport expenses; travel expenses;



  • Judgment 963


    66th Session, 1989
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainants received notification in their pay slips of a 0.7 per cent reduction in the refundable amount of education expenses which they had incurred. The organisation contends that the pay slips merely confirmed earlier decisions, viz. a general decision of 7 July 1987. The Tribunal holds that the impugned decisions were individual ones that cause the complainants injury, and not confirmations of earlier decisions.

    Keywords:

    cause of action; confirmatory decision; decision; deduction; education expenses; general decision; individual decision; pay slip; receivability of the complaint; reduction of salary; refund; salary;

    Consideration 5

    Extract:

    "Since the impugned decisions retroactively reduce the refundable amount of education expenses, they are unlawful and cannot stand."

    Keywords:

    allowance; amount; education expenses; non-retroactivity; reduction of salary; refund;

    Consideration 5

    Extract:

    The complainants challenge Eurocontrol's decision to reduce the amount of education expenses to be refunded to them insofar as it applied retroactively. Though the Director General's decisions are the only ones the Tribunal may quash and those under challenge did not have retroactive effect, "a staff member may challenge in an individual appeal the lawfulness of any decision of the [Permanent] Commission's that affords the basis in law for a decision by the appointing authority if he believes the latter decision to be at odds - as indeed here the decisions are - with a rule or principle that governs the international civil service."

    Keywords:

    decision; education expenses; enforcement; executive head; international civil service principles; judicial review; legislative body; non-retroactivity; reduction of salary; refund; salary;



  • Judgment 959


    66th Session, 1989
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    "The complainant maintains that he is entitled to have refunded to him any tax that was levied on his ilo salary and made over to the Indonesian government. [...] The ILO explained to him that if he could satisfy it that he himself had paid tax to the government it would reimburse the sum, and indeed that offer holds good. But the complainant has never offered any evidence of such payment, and his claim must therefore fail."

    Keywords:

    burden of proof; complainant; evidence; lack of evidence; payment; refund; right; tax;



  • Judgment 944


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

    Consideration 7

    Extract:

    The complainant and her husband are employees of the EPO. In view of the fact that between them they pay a double premium, she is seeking the refund at 100 per cent of their medical expenses, and not 80 per cent as stipulated in the insurance policy. In keeping with the organisation's view, the Tribunal holds that under the material rules of the organisation, "each staff member pays contributions that depend on the amount of salary, yet is entitled to the same benefits, whatever the degree of individual risk or family situation may be. Status as an official will always prevail over status as the member of an official's family, and the right to refund derives solely from the former, not from any marital connection there may be with another official."

    Keywords:

    consequence; contributions; family relationship; health insurance; medical expenses; official; rate; refund; right;



  • Judgment 905


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

    Summary

    Extract:

    The complainant seeks payment for home leave taken one month before the termination of his appointment. That leave had been granted in writing by the Secretary-General. The complainant acquired rights through the Secretary-General's taking of an explicit decision in his favour.

    Reference(s)

    Organization rules reference: ARTICLES 3.2.1 AND 5.3 OF THE CIPEC STAFF REGULATIONS

    Keywords:

    date; home leave; refund; right; separation from service; travel expenses;



  • Judgment 842


    63rd Session, 1987
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    The organisation's "patent attorney may have made use of the papers but that is immaterial to the issue in dispute between it and the complainant. The fact remains that he retained the patent attorney on his own initiative and in his own interest, and without any authorisation from the ESO. That being so, the ESO is not under any legal obligation to reimburse to the complainant the amount of fees he contracted to pay the patent attorney."

    Reference(s)

    ILOAT Judgment(s): 780, 840, 841

    Keywords:

    complainant; counsel; organisation's duties; proprietary rights; refund; request by a party;



  • Judgment 761


    59th Session, 1986
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    "The refusal by the EPO to return the complainant's documents for the purpose of permitting him to take steps to perfect his claim for reimbursement is unfair and the complainant is entitled to relief on the ground that he was improperly prevented from having an opportunity of submitting the appropriate documents in support of his claim."

    Keywords:

    disclosure of evidence; flaw; material damages; moral injury; organisation; refund; refusal; removal expenses; request by a party;



  • Judgment 757


    59th Session, 1986
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant was found guilty of gross negligence in the performance of his duties. The organisation confiscated the equivalent of two months' salary. The Tribunal holds that such a decision constitutes a disciplinary sanction, not a measure to allow of compensation. Only such disciplinary action may be taken which is specifically set out in the applicable provisions. Whereas such a sanction is not provided for, the decision to impose it must be quashed.

    Keywords:

    complainant; disciplinary measure; hidden disciplinary measure; negligence; no provision; organisation; refund; request by a party; salary;



  • Judgment 666


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

    Summary

    Extract:

    The complainants seek payment of the education allowance to which they were entitled at the IPI. The Tribunal holds that on the basis of the transfer agreement between the IPI and the EPO the latter is not under obligation to pay the education allowance insofar as the organisation offsets the education costs borne by its officials. The Tribunal exempts the case where actual costs are not offset.

    Keywords:

    allowance; compensatory measure; consequence; discontinuance; education expenses; merger; refund;

    Consideration 4

    Extract:

    The organisation "does concede that there may be some actual costs to be refunded. If that were so, then under the safeguard in [the material provisions] transferred officials would undoubtedly be entitled to refund. That is an issue of fact, and one on which the Tribunal cannot rule. It is up to the complainants to ask the [organisation] to [...] refund their actual costs not otherwise covered. The Tribunal holds that on the correct construction of the [material provisions] they would be entitled to have any such sums repaid."

    Keywords:

    education expenses; refund; right;



  • Judgment 609


    52nd Session, 1984
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 1, 2 and 4

    Extract:

    "By [its] judgment, the Tribunal ordered the organization to pay to the complainant $40,000 as 'compensation for the unlawful termination of his contract' and also $6,000 as costs." The organization paid that sum to the complainant in execution of the said judgment. The complainant seeks reimbursement for any taxes he might have to pay on the sum. "No obscurity in the judgment is alleged or identified. [...] The argument does not attempt to bring the case within the very limited grounds on which the tribunal permits reconsideration or review." The complaint is dismissed.

    Reference(s)

    ILOAT Judgment(s): 523

    Keywords:

    application for interpretation; application for review; execution of judgment; inadmissible grounds for review; judgment of the tribunal; material damages; refund; tax;



  • Judgment 540


    49th Session, 1982
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    Staff Rules impose a duty on the organization to provide a staff member with clear and precise information on all charges of which he is accused. In particular the complainant should have been informed of the period during which the WHO alleges he submitted medical and education grant claims supported by forged or false documents. "It is not difficult to conceive of cases in which such an omission would constitute an irreparable flaw in the procedure laid down". In the particular circumstances of this case, the Tribunal did not find that there had been a breach of the Rules.

    Keywords:

    duty to substantiate decision; education expenses; medical expenses; misrepresentation; refund; request by a party; serious misconduct; termination of employment;



  • Judgment 518


    49th Session, 1982
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    It is stipulated under a staff regulation that the organisation shall, under certain conditions, pay the fees charged by an international school, in which case the right to the education allowance established under two other regulations shall be waived. The Tribunal inferred from the reference to these two regulations that the material rule has the same scope as the other two rules, namely that it applies to primary schools but not to nursery schools or kindergartens. The complaint, which applied for reimbursement of kindergarten fees, is dismissed. [There is no breach of the principle of equality.]

    Keywords:

    condition; education expenses; enforcement; provision; refund; staff regulations and rules;



  • Judgment 514


    49th Session, 1982
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The Tribunal in Judgment no. 426 decided that a practice by the United Nations to reimburse tax on lump-sum communications was irrelevant." The United Nations introduced a transitional measure to protect the acquired rights of serving officials when it discontinued the practice. The organisation in question did not do likewise. The point raised is not within the jurisdiction of the Tribunal.

    Reference(s)

    ILOAT Judgment(s): 426

    Keywords:

    amendment to the rules; commutation; competence of tribunal; lump-sum; practice; refund; tax; transitional measures;

    Consideration 4

    Extract:

    "It is unnecessary here to consider to what extent [an administration] directive can confer on the staff member a contractual right capable of being enforced by the Tribunal. Assuming that it can, and that in this case it does, the reasoning in paragraph 7 of Judgment No. 426 would apply to prevent it from being an acquired right." Judgment 426 states that an official is given an acquired right to fundamental benefits only. Reimbursement of tax on lump-sum payments from the pension fund may not be construed as a fundamental benefit.

    Reference(s)

    ILOAT Judgment(s): 426

    Keywords:

    acquired right; administrative instruction; contract; lump-sum; pension; refund; tax;



  • Judgment 485


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

    Consideration 1(B)

    Extract:

    The complainant, who was living in London, sent in an application for employment to FAO headquarters in Rome, and went there at her own expense. "[Thus] not only did the complainant offer her services, but she took the tests of her own accord [and did not] make repayment of any of her expenses a condition of her acceptance of appointment. Thus it cannot be said that the payment she is now claiming was required in order to recruit her."

    Keywords:

    appointment; refund; terms of appointment; travel expenses;

    Consideration 1(B)

    Extract:

    The rules provide for the reimbursement of travel expenses of officials when, in the view of the director of personnel, such payment is required to recruit them. The Director of personnel cannot exercise this discretion as he pleases. He must "consider in each case whether or not payment was required in order to recruit, and the exercise of his discretion is subject to review by an administrative as well as by a judicial body."

    Keywords:

    appointment; discretion; limits; refund; travel expenses;



  • Judgment 484


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

    Consideration 2(B)

    Extract:

    Vide Judgment 485, consideration 1(b).

    Reference(s)

    ILOAT Judgment(s): 485

    Keywords:

    appointment; competition; refund; terms of appointment; travel expenses;

    Consideration 1(B)

    Extract:

    Vide Judgment 485, consideration 1(b).

    Reference(s)

    ILOAT Judgment(s): 485

    Keywords:

    appointment; discretion; limits; refund; travel expenses;



  • Judgment 483


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

    Consideration 2(B)

    Extract:

    Vide Judgment 485, consideration 1(b).

    Reference(s)

    ILOAT Judgment(s): 485

    Keywords:

    appointment; discretion; limits; refund; travel expenses;

    Consideration 2(B)

    Extract:

    Vide Judgment 485, consideration 1 (b).

    Reference(s)

    ILOAT Judgment(s): 485

    Keywords:

    appointment; competition; refund; terms of appointment; travel expenses;



  • Judgment 479


    47th Session, 1982
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant became disabled following a disease contracted during a one-month mission. The complainant receives an invalidity pension. His incapacity was assessed by the Tribunal at 100 per cent. The amount of the pension must be redetermined. The deductions made of a university retirement pension were unwarranted they must be reimbursed, with the amounts being indexed against inflation and with interest [2 per cent]; costs.

    Keywords:

    amount; disability benefit; illness; incapacity; invalidity; rate; reckoning; refund; service-incurred;



  • Judgment 454


    46th Session, 1981
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations

    Extract:

    The question is whether a citizen of the United States who has been employed by an international organisation and who on retirement has elected to take part of the pension due to him in the form of a lump sum is entitled to be reimbursed by the organisation for the tax levied by the government of the United States on the lump-sum payment. He is not so entitled; see Judgment No. 426.

    Reference(s)

    ILOAT Judgment(s): 426

    Keywords:

    commutation; lump-sum; pension; refund; tax;



  • Judgment 441


    45th Session, 1980
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The International Patent Institute was integrated into the European Patent Organisation. The applicable provisions do not provide for the reimbursement of travel expenses. The abolition of the allowance, which was paid the complainant in the past and which was a considerable advantage for him, may have prompted him to accept his appointment. This suggests the breach of an acquired right. The complainant is entitled to the reimbursement of the cost of travel on home leave for himself and his family.

    Keywords:

    acquired right; allowance; amendment to the rules; discontinuance; home leave; merger; provision; refund; staff regulations and rules; terms of appointment; travel expenses;



  • Judgment 426


    45th Session, 1980
    Pan American Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 9

    Extract:

    The complainant claims reimbursement of the tax payable on a lump-sum payment from the pension fund. He relies on the principle of equality of treatment with two officials who had opted for a repayment of their own contributions and to whom the organisation reimbursed taxation payable in respect of those contributions. "The Tribunal considers that there is a categorical distinction between persons who elect to take a repayment of contributions and those who elect to take a lump-sum payment in part commutation of a pension; and that the principle of equality does not require the two categories to be treated in the same way."

    Keywords:

    commutation; contributions; equal treatment; lump-sum; pension; refund; tax;

    Considerations 4-5

    Extract:

    The complainant's contract stated: "Income tax reimbursable on PAHO/WHO earnings only". There is not in the contract nor in statutory provisions a comprehensive definition of "earnings". In its natural meaning the word covers all the emoluments and benefits paid by the employer to the staff member. "In the opinion of the Tribunal 'earnings' do not, in the absence of an express provision to the contrary, include a lump-sum payment, payable not by the employer but by the Fund in which the staff member has in effect invested a part of his earnings."

    Keywords:

    condition; lump-sum; refund; tax;

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