Judgment No. 270
Decision
THE COMPLAINT IS DISMISSED.
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
dependant; residence; travel expenses; home leave; refund; condition; purpose
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
amount; allowance; dependent child; parents separated; education expenses; residence; rate; condition
Consideration 1
Extract:
"According to Article VII, paragraph 1, of the Statute of the Tribunal a complaint is receivable only if the complainant has exhausted all means of redress available to him under the staff regulations, i.e. the internal means of redress. Hence [...] staff members [of the defendant organisation] may lodge a complaint with the Tribunal only if within a period of three months they have submitted an appeal to the [competent] authority [...] as provided for [in the regulations]. Moreover, the complainant's claims for relief are receivable only if they fall within the scope of that appeal."
Reference(s)
ILOAT reference: ARTICLE VII, PARAGRAPH 1, OF THE STATUTE
Keywords
complaint; claim; receivability of the complaint; internal appeal; internal remedies exhausted; condition
Consideration 3
Extract:
"In view of the explanations which it contains, and in particular the reference to a circular subsequent to the notification [contested by complainant], the reply [by the organisation] is not a mere confirmation of that notification. In fact it is a new decision which gave rise to a new time limit for appeal."
Keywords
confirmatory decision; receivability of the complaint; internal appeal; internal remedies exhausted; time limit; new time limit
Consideration 2
Extract:
The applicable provision provides for a lump-sum payment of travel expenses. "[T]he amount of expenses paid by the organisation will not vary, however often the staff member and his family travel each year from the duty station to the place of origin and whatever means of transport they use."
Keywords
amount; allowance; travel expenses; refund
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