Allowance (330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358,-666)

You searched for:
Keywords: Allowance
Total judgments found: 134

< previous | 1, 2, 3, 4, 5, 6, 7 | next >

• Judgment 2178

  
  94th Session, 2003
  International Federation of Red Cross and Red Crescent Societies
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 8

  Extract:

  In its judgment on the complainant's first complaint the Tribunal ordered that he be compensated because he had been wrongfully terminated. In his application for review of that judgment "the complainant seeks compensation in respect of the loss of the tax immunities he enjoyed by virtue of the agreement between the [...] authorities [of the host country] and the [organisation]. Since the complainant has not been reinstated in his post, he is no longer entitled to those immunities. Nor is he entitled to compensation for the loss thereof: the tax regime governing the exemptions he may claim is solely a matter for the competent authorities of the host state, and the [organisation] cannot be held liable for direct or indirect taxes owed by the complainant."

  Reference(s)

  ILOAT Judgment(s): 2090
  

  Keywords:

  allowance; application for execution; domestic law; headquarters agreement; judgment of the tribunal; privileges and immunities; reconstruction of career; reinstatement; request by a party; tax;
  

  
  
  

• Judgment 2129

  
  93rd Session, 2002
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 13

  Extract:

  "The complainants [state] that, according to the Tribunal's case law (see Judgment 1821, for example), adjustments to international civil servants' salaries must satisfy objective criteria of stability, foreseeability and transparency. The Tribunal considers that this line of precedent - concerning the determination of staff salaries, which is necessarily governed by very strict rules - is not entirely applicable to the determination of allowances granted for a specific purpose, such as that of covering expenses incurred by staff members on travel status. Even if it claims to be acting in the exercise of its discretion, and although the legal framework surrounding its action remains vague or non-existent, the administration must base its decisions on objective considerations and avoid breaching any of the guarantees protecting the independence of international civil servants."

  Reference(s)

  ILOAT Judgment(s): 1821
  

  Keywords:

  adjustment; allowance; analogy; breach; case law; compensatory allowance; compensatory measure; criteria; decision; discretion; duty to substantiate decision; grounds; independence; no provision; official; official travel; organisation's duties; purpose; safeguard; salary; travel expenses; written rule;
  

  Consideration 14

  Extract:

  The Organization's Regional Office was transferred from Brazzaville (Congo) to Harare (Zimbabwe). The amount of the per diem the complainants were paid was progressively reduced. "Since the travel per diem is merely intended to cover the essential expenses of a staff member on duty travel, including lodging and food, a high rate of travel per diem cannot be justified where duty travel, which by nature implies that the staff member will continue to work primarily at his or her original duty station, lasts for two years or more."

  Keywords:

  allowance; amount; assignment; compensatory allowance; compensatory measure; extension of contract; official; payment; period; place of origin; purpose; rate; reduction of salary; transfer; travel expenses;
  

  Considerations 7-8

  Extract:

  "A steady line of precedent, such as that cited in Judgment 1786, under 5, confirms that when impugning an individual decision that concerns the staff member directly, the latter may challenge the lawfulness of any general measure [...] In this case, the complainants could have challenged the individual application of [the] Information Circular [fixing the rate of their travel per diem] to each of them as long as that circular remained in force. [And as they] did not expressly challenge the individual application of that circular to them in due time, [they] can no longer impugn it. The fact that [they] thought that they might succeed in negotiating an amicable solution and for that reason chose not to appeal does not justify lifting the time bar that applied."

  Reference(s)

  ILOAT Judgment(s): 1786
  

  Keywords:

  administrative instruction; allowance; case law; cause of action; complaint; enforcement; general decision; grounds; individual decision; internal appeal; official; rate; receivability of the complaint; right of appeal; settlement out of court; time bar; time limit;
  

  
  
  

• Judgment 2018

  
  90th Session, 2001
  Organisation for the Prohibition of Chemical Weapons
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 15

  Extract:

  The decision not to confirm the complainant's appointment after a probationary period and to terminate his employment prior to the expiry of his fixed-term contract is quashed. "The complainant is entitled to be reinstated in his post or in one of an equivalent grade with full salary and benefits (including any salary increases which he would have received if he had not been terminated) to the end of his fixed-term appointment."

  Keywords:

  allowance; condition; contract; date; fixed-term; grade; increase; post; post held by the complainant; probationary period; reconstruction of career; refusal; reinstatement; right; salary; termination of employment;
  

  
  
  

• Judgment 2016

  
  90th Session, 2001
  Organisation for the Prohibition of Chemical Weapons
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  "As emphasised by the [organisation], the applicable interim Staff Rules provide that the education grant is calculated on the basis of expenses actually incurred. The complainant cannot therefore claim grants calculated on the hypothetical basis of the costs that would have been incurred had he remained in service."

  Keywords:

  allowance; application for execution; burden of proof; condition; education expenses; evidence; family allowance;
  

  
  
  

• Judgment 1985

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

  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 1915

  
  88th Session, 2000
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 18-19

  Extract:

  A comparison study of language proficiency between the common system staff and outside employers was attacked by the complainants because the required level of proficiency is higher in the common system. "The Tribunal holds that it is not necessary to achieve a perfect match between outside jobs and those in the common system. There must merely be sufficient similarity between these jobs."

  Keywords:

  adjustment; allowance; flemming principle; knowledge of languages; language allowance; qualifications; salary; scale;
  

  
  
  

• Judgment 1904

  
  88th Session, 2000
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Summary

  Extract:

  When the Tribunal gives an organisation the choice to either reinstate a complainant or pay damages, and the organisation chooses to pay damages, it does not have to pay the contributions of the pension fund or the staff health insurance.

  Keywords:

  allowance; contribution rate; contributions; health insurance; illness; insurance; judgment of the tribunal; material damages; pension; reconstruction of career; reinstatement; unjspf;
  

  
  
  

• Judgment 1843

  
  87th Session, 1999
  European Southern Observatory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 11-12

  Extract:

  The complainant did not attend the compulsory medical examination on termination of appointment which he had been requested to undergo. "A medical examination at the time of termination is not a mere formality: it is intended to establish with some degree of certainty - in the interests of both parties - a staff member's state of health upon termination. [...] The Tribunal holds that Article R II 4.20 b) of the Staff Regulations disqualified the complainant from making a claim for compensation in respect of a work-related injury or illness discovered after termination."

  Reference(s)

  Organization rules reference: ARTICLE R II 4.20 B) OF THE ESO STAFF REGULATIONS
  
  

  Keywords:

  allowance; enforcement; illness; medical examination; separation from service; staff member's duties; staff regulations and rules;
  

  
  
  

• Judgment 1797

  
  86th Session, 1999
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 12-13

  Extract:

  "The Organization pleads that it is under no duty to pay contributions for [the complainant] to the Pension Fund or to the staff health insurance plan and would have had such duty only if he had been reinstated [...]. The Tribunal ruled on a similar issue in Judgment 1338 [...], in which it held that its award [...] of damages equivalent to 'the amount of the salary, allowances and other entitlements [the complainant] would have received' had not required reinstatement in the Pension Fund or health insurance."

  Reference(s)

  ILOAT Judgment(s): 1338
  

  Keywords:

  allowance; application for execution; case law; contribution rate; contributions; enforcement; health insurance; insurance; judgment of the tribunal; organisation's duties; reinstatement; salary; social benefits; unjspf;
  

  
  
  

• Judgment 1784

  
  86th Session, 1999
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 15

  Extract:

  "Under Manual paragraph I.2.510 the Organization is empowered to require that the original bills be attached to the form that the staff member must fill up to claim the education grant. It does not have to accept evidence of the sort the complainant is offering. It will evaluate any alternative proof he may produce in the absence of the bills. Original documents must have gone astray before, and it is often possible to reconstitute them. It is up to the Organization to decide - subject to review by the Tribunal - whether the proof offered is satisfactory."

  Reference(s)

  Organization rules reference: PARAGRAPH I.2.510 OF WHO MANUAL
  
  

  Keywords:

  admissibility of evidence; allowance; application for execution; appraisal of evidence; burden of proof; complainant; disclosure of evidence; discretion; education expenses; evidence; judicial review; lack of evidence;
  

  
  
  

• Judgment 1783

  
  85th Session, 1998
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "When the Tribunal quashes a flawed decision not to renew a fixed-term appointment it has discretion as to the relief it grants. It may send the case back for a new decision by the Organisation on renewal [...] but if it considers that renewal would be only fair, it will, instead of ordering a new decision, actually order reinstatement under a new contract for an appropriate term. [...] But if it considers neither a new decision nor reinstatement to be possible or advisable, it may, as authorised by Article VIII of its Statute, award the complainant compensation."

  Reference(s)

  ILOAT reference: ARTICLE VIII OF THE STATUTE
  
  

  Keywords:

  allowance; application for execution; case sent back to organisation; compensation; contract; decision quashed; duration of appointment; effect; fixed-term; iloat statute; judgment of the tribunal; non-renewal of contract; reinstatement; subsidiary;
  

  
  
  

• Judgment 1780

  
  85th Session, 1998
  European Southern Observatory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 6(b)

  Extract:

  "Regular payments by an employer, whether in the form of salary or of some other benefit, amount to decisions that may be challenged at the time. Failing such challenge they become final and may be challenged thereafter only if there are grounds for review of administrative action."

  Keywords:

  allowance; condition; continuing breach; individual decision; receivability of the complaint; salary;
  

  
  
  

• Judgment 1717

  
  84th Session, 1998
  International Fund for Agricultural Development
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "Interpretation depends both on the context and on the nature of the text. [...] Judgment 1614 used the word [pay] to determine the amount of damages and ordered the fund to pay [the complainant] what she would have earned for six months' service. So 'pay' means the amount she would have actually received had she been under contract for those six months, and it must include salary and any allowances payable to her of whatever kind - post adjustment, family allowance, and so forth. It does not, however, include the compulsory health insurance and other contributions that were routinely docked from her emoluments."

  Reference(s)

  ILOAT Judgment(s): 1614
  

  Keywords:

  allowance; application for execution; application for interpretation; definition; interpretation; salary; tribunal;
  

  
  
  

• Judgment 1461

  
  79th Session, 1995
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  The complainants impugn decisions refusing them an allowance. The Tribunal considers that "since the decisions are set aside the complainants are also entitled to payment of the interest on arrears that they claim. Interest on arrears is due by virtue of the principle of equal treatment [...]. The principle lays on the organisation the duty to pay such interest so as to restore parity between someone who got [an] allowance at the due date and someone who got it later."

  Keywords:

  allowance; date; equal treatment; interest on damages;
  

  
  
  

• Judgment 1447

  
  79th Session, 1995
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 17

  Extract:

  The complainant was wrongfully dismissed and "there are no proven facts which make his reinstatement 'not possible or advisable' within the meaning of Article VIII of the Tribunal's sSatute. The organisation must reinstate him and pay him salary, allowances and other entitlements as from [the date of his dismissal]. He need not give credit for any sums he may have earned since that date. For that reason he is awarded no sum in moral damages".

  Reference(s)

  ILOAT reference: ARTICLE VIII OF THE STATUTE
  
  

  Keywords:

  allowance; date; iloat statute; moral injury; reinstatement; salary;
  

  
  
  

• Judgment 1428

  
  79th Session, 1995
  European Southern Observatory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  "In determining the amount of basic salary, as against the special allowances, what counts is sums actually paid in salary, whatever they may be called and whatever method of accounting may be applied."

  Keywords:

  allowance; base salary; definition; salary;
  

  
  
  

• Judgment 1419

  
  78th Session, 1995
  European Southern Observatory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 24

  Extract:

  "The second sentence of [Article VIII of the Tribunal's Statute] does no more than allow an alternative, to which the Tribunal may resort as it deems fit, in the particular case where there is difficulty over discharging some non-financial obligation. The reference in the article to the possibility of awarding 'compensation for the injury caused' does not preclude the Tribunal's determining, in exercise of the competence conferred by the first sentence, the financial consequences of an organisation's failure to abide by its staff regulations or to discharge its contractual obligations."

  Reference(s)

  ILOAT reference: ARTICLE VIII OF THE STATUTE
  
  

  Keywords:

  allowance; compensation; iloat statute; injury; judicial review; organisation's duties; staff regulations and rules;
  

  
  
  

• Judgment 1403

  
  78th Session, 1995
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 12

  Extract:

  Although the rules do not provide for the grant of a so-called typist's allowance for clerical officers, Eurocontrol has on an individual basis and upon application granted it to clerical officers who met certain objective conditions. "So the question at issue is whether Eurocontrol is bound in law by such long-standing practice. As was held in Judgment 421 [...] and again in Judgment 1053 [...] an organisation may be so bound where the practice is one that the staff have come to rely on."

  Reference(s)

  ILOAT Judgment(s): 421, 1053
  

  Keywords:

  allowance; binding character; case law; criteria; organisation's duties; practice; staff regulations and rules;
  

  
  
  

• Judgment 1347

  
  77th Session, 1994
  Pan American Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 15-16

  Extract:

  The complainant received a study allowance for her tuition costs in an amount greater than she was entitled to. The PAHO asked her to repay the overpayment and took away some of her responsibilities. She regards the removal of certain responsibilities as unwarranted disciplinary action. But "the PAHO was entitled to take administrative action to prevent lapses in the future. Changing her duties for those reasons may not be regarded as a disciplinary measure either."

  Keywords:

  allowance; amendment to the rules; disciplinary measure; education expenses; organisation's interest; post description; recovery of overpayment; unjust enrichment;
  

  Consideration 13

  Extract:

  The complainant received financial aid from the PAHO to pursue her studies. Her university waived part of her tuition fees so that the cost to her was less than the amount she collected. "The conclusion is that she did not take sufficient care to make full disclosure to the organization of the assistance given by the university."

  Keywords:

  allowance; amount; duty to inform; education expenses; refund; staff member's duties; unjust enrichment;
  

  Consideration 14

  Extract:

  The complainant received financial aid from the PAHO to pursue her studies. Her university waived part of her tuition fees so that the cost to her was less than the amount she collected. "Having obtained financial benefits to which she was not entitled, the complainant was under an obligation to refund the over-payments and the PAHO was entitled to recover them."

  Keywords:

  allowance; amount; education expenses; recovery of overpayment; refund; unjust enrichment;
  

  
  
  

• Judgment 1334

  
  76th Session, 1994
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 24

  Extract:

  "As for the Flemming principle, it offers [...] a guide for setting general levels of pay for local staff: it offers no basis for claims about any particular component of such pay."

  Keywords:

  allowance; flemming principle; local status; salary;
  

< previous | 1, 2, 3, 4, 5, 6, 7 | next >