Judgment 3779
123rd Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to dismiss his claim to reimbursement of travel expenses and other related costs.
Judgment keywords
Keywords:
complaint dismissed; travel expenses;
Judgment 3529
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the amount of the daily subsistence allowances which he received for duty travel on two occasions.
Judgment keywords
Keywords:
complaint allowed; daily subsistence allowance; decision quashed; official travel; travel expenses;
Judgment 3508
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the EPO’s alleged failure to take an express decision on his claim for the reimbursement of the travel expenses that he incurred in respect of his children upon leaving the service of the EPO.
Judgment keywords
Keywords:
complaint allowed; delay; dependent child; travel expenses;
Judgment 3402
119th Session, 2015
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal found that the evidence established an intention to defraud on the part of the complainant and that the decision to dismiss him was not disproportionate, but it awarded damages because of the delay in the internal appeal procedure.
Consideration 7
Extract:
"[T]he complainant lodged two [Travel Expense Claims] that deliberately misstated the facts, and thereby failed to disclose the fact, that the cost of his travel [...] was effectively being paid twice by the FAO [...]. The obvious inference is that he was deliberately doing so to gain a financial benefit. This is fraud."
Keywords:
fraud; travel expenses;
Judgment 3211
115th Session, 2013
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants, who challenge the decision not to pay them retroactively the assignment grant lump sums, have not exhausted internal remedies.
Judgment keywords
Keywords:
complaint dismissed; failure to exhaust internal remedies; travel expenses;
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;
Judgment 1977
89th Session, 2000
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"The complainant on several occasions filed claims and received reimbursement for duty travel in business class while he had in fact travelled in economy class, pocketing the difference. [...] There is no evidence to support the complainant's contention that this fraud was condoned or approved by the Agency and [...] his suggestion that his fraudulent practice was widespread amongst other Agency personnel, which is likewise not supported by any evidence at all, is wholly irrelevant: even if all the Agency's officers had been defrauding it in the same manner as the complainant, that would constitute no excuse for him. Where several persons commit the same crime, the guilt of one is not lessened by that of the others."
Keywords:
conduct; evidence; fitness for international civil service; misconduct; official travel; practice; serious misconduct; travel expenses;
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 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 904
64th Session, 1988
Intergovernmental Council of Copper Exporting Countries
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"There is no evidence submitted by the complainant to suggest that the amount provided for travel expenses was inadequate. The claim therefore fails."
Keywords:
amount; burden of proof; evidence; travel expenses;
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 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 271
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The organization contends that when reimbursing travel expenses for home leave account must be taken of costs. "These [...] are questions of policy to be solved before the regulation is framed so that the solution can be embodied in the regulation itself. Once framed, the regulation is conclusive on questions of broad principle and personnel policy. [The Director-General's discretionary authority] to apply it only when he is satisfied that the organization is getting its money's worth cannot be derived from its terms."
Keywords:
amount; discretion; enforcement; home leave; limits; organisation's interest; provision; purpose; refund; staff regulations and rules; travel expenses;
Consideration 4
Extract:
The partial payment of travel expenses would be contrary to the language of the applicable text and inconsistent with the principle of the regulation. "It is agreed that the object of the regulation is not primarily to make a monetary concession to a staff member. It is to the advantage of the organization [...] that staff members should maintain their links with their home countries [...] If the organization pays for only a part of the journey, the principle of home leave will depend on the willingness and ability of the staff member to pay for the rest himself."
Keywords:
amount; home leave; organisation's interest; purpose; rate; refund; travel expenses;
Considerations 4-5
Extract:
"A rule which applies only to the longer journeys may result in links with the more distant countries being lost. Moreover, if the Director-General has power to rule that only a proportion of the cost of the whole journey need be paid, there can be no reason why he should not in all cases fix the proportion at whatever percentage he thinks the organization can afford." [The Tribunal has established that reasonable expenses should be paid for the whole journey.]
Keywords:
amount; consequence; home leave; rate; refund; travel expenses;
Consideration 3
Extract:
"The words [in the material provision] are an abbreviated way of saying that the organization shall pay the reasonable expenses of the journey to and from the home. This means the reasonable expenses for the whole journey and not just a part of it. The Director-General may settle the details of the way in which the regulation is to be applied - he may, for example, rule that reasonable expenses do not cover first-class travel or an indirect route - but he may not alter the sense of it."
Keywords:
amount; home leave; interpretation; organisation's duties; provision; purpose; rate; refund; staff regulations and rules; travel expenses;
Judgment 270
36th Session, 1976
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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:
condition; dependant; home leave; purpose; refund; residence; travel expenses;
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:
allowance; amount; refund; travel expenses;
Judgment 261
35th Session, 1975
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant claims an indemnity to cover the cost of travel expenses incurred in connection with the proceedings. "[T]he organization did not agree to pay these expenses, the expenses do not arise out of this claimant's terms of appointment and were not in the opinion of the Tribunal reasonably necessary for the presentation of his claims. This claim therefore fails on the merits."
Keywords:
complainant; internal appeal; internal appeals body; refund; request by a party; travel expenses;
Judgment 155
24th Session, 1970
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
There is no provision in the Staff Rules for the reimbursement of travel expenses and the payment of a subsistence allowance to officials wishing to attend the meetings of the appeals bodies at which their claims are heard. The complainant therefore has no right to such reimbursement. The organization undertook voluntarily to pay his travel expenses for the purpose of his appearance before the appeals body.
Keywords:
internal appeals body; organisation's duties; refund; right; travel expenses;
Judgment 123
20th Session, 1968
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
In approving the complainant's application for repatriation grant, the organisation misinterpreted the regulations. Its approval was conditional. The complainant had to prove that he had made definite travel arrangements, but did not do so. "[T]he [organisation] did not violate any law by withdrawing its approval, given in error, before any action had been taken upon it and before the stipulated proviso had been fulfilled, and without any costs having been incurred by the complainant."
Keywords:
acceptance; allowance; condition; flaw; mistake of law; travel expenses; withdrawal of decision;
Consideration 2
Extract:
The complainant gave as his permanent residence a city in the United States. This might mean either that he was recruited there or that he was supposed to spend his home leave there. "Being open to interpretation in either of these two ways, this is thus not decisive. What is decisive, however, is the fact that [the] complainant does not deny at the time of his recruitment that he was [...] in [...] the country of his duty station." It follows that he was locally recruited and that he is not entitled to claim payment of his travel expenses or a repatriation grant under the material provisions.
Keywords:
appointment; duty station; repatriation allowance; residence; right; travel expenses;
Judgment 64
11th Session, 1962
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Since the complainant had been duly allowed to relinquish his duties in time to enable him to reach his recognised home by the effective date of his separation from service, it can only be for personal reasons that he postponed his departure after that date." He is not entitled to the additional salary he claims, but only to the per diem travel allowance.
Keywords:
allowance; amendment to the rules; compassionate leave; date; right; separation from service; travel expenses;
