Installation allowance (342,-666)

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Keywords: Installation allowance
Total judgments found: 2

• Judgment 4555

  
  134th Session, 2022
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant contests the decision not to pay him the additional installation allowance in respect of his second child following his transfer to The Hague.

  Consideration 10

  Extract:

  Returning to the terms of Article 73 and addressing the specific question of the circumstances in which the additional payment is to be paid, the answer lays in the concluding words of Article 73(2). It is relatively clear that the word “where” is, in substance, the identification of “when”. That is to say it identifies when the entitlement to the additional payment arises. The entitlement arises when the staff member takes up residence and by reference to his circumstances at that time. In this case, the complainant’s circumstances were that he had one child only and was thus entitled to the additional allowance of half a month’s basic salary, and not entitled to the additional allowance in respect of his second child. It is true that the payment will not actually be paid to a staff member on probation until the probationary period has concluded, but this does not alter the fact that the actual entitlement is ascertained at the time a probationary staff member takes up residence.

  Keywords:

  installation allowance;
  

  Judgment keywords

  Keywords:

  complaint dismissed; installation allowance;
  

  
  
  

• Judgment 363

  
  41st Session, 1978
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  If, as "is very doubtful, the language of the letter [...] is sufficient to attach to the payment the condition that the complainant would by accepting it abandon his right to appeal to the Tribunal, this condition would be invalid and of no effect."

  Keywords:

  acceptance; condition; installation allowance; payment; waiver of right of appeal;
  

  Consideration 8

  Extract:

  "'May' makes it clear that the official whose duty it is to give or with hold approval is to apply his own judgement to the questions. [...] But the use of the word 'may' is quite inadequate to confer on the official a large and unbounded discretion so that, even where the conditions were manifestly fulfilled, he could for any other reason that appealed to him or for no reason given with hold the allowance." [At issue is a provision permitting the extension of installation-allowance payments.]

  Keywords:

  condition; discretion; extension of contract; installation allowance; limits; period;
  

  Consideration 1

  Extract:

  "Normally a staff member is expected to find his own living accommodation for himself and his dependants and to pay for it out of his salary and allowances. It is however recognised that upon a change of duty station a staff member may not at once succeed in finding accommodation at normal rates. Accordingly the Staff Rules provide for the payment of an installation allowance."

  Keywords:

  amendment to the rules; duty station; installation allowance; purpose; transfer;