Judgment No. 138
Decision
1. The decision made by the Director-General on the advice of the Appeals Committee dated 15 June 1968 and received by the complainant on 10 August 1968 is quashed.
2. The case is referred back to the Director-General for a new decision in the exercise of his discretion, taking into account the particular facts and circumstances of this case in the light of this judgment.
Considerations
Extract:
"The authority in this case has refused to look into the facts of [the complainant's] case because of the self-imposed rule on itself that the maintenance of two households can under no circumstances entitle an expatriate employee to an educational grant. This in the judgment of the Tribunal was an error of law which entailed the non-exercise of a discretion."
Keywords
marital status; decision quashed; case sent back to organisation; allowance; parents separated; education expenses; flaw; refusal
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
place of origin; allowance; parents separated; education expenses; residence
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