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Annual leave (424, 425,-666)
You searched for:
Keywords: Annual leave
Total judgments found: 17
Judgment 4863
138th Session, 2024
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision not to change her annual leave to certified sick leave and to place her on administrative leave without pay from 9 October 2019 until her summary dismissal on 13 December 2019.
Judgment keywords
Keywords:
administrative leave; annual leave; complaint dismissed; sick leave;
Judgment 4784
137th Session, 2024
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant filed an application for execution of Judgment 4051.
Judgment keywords
Reference(s)
ILOAT Judgment(s): 4051
Keywords:
annual leave; application for execution; complaint allowed; home leave; reinstatement;
Consideration 7
Extract:
[I]nasmuch as it was further to the EPO’s unlawful decision to dismiss the complainant that he was unable to take annual leave between 23 June 2016 and his reinstatement at the end of July 2018 (pursuant to the order in Judgment 4051), he is entitled to be credited with the accrued annual leave for the subject period. For the same reason, he is also entitled to be credited with accrued home leave for the same period.
Reference(s)
ILOAT Judgment(s): 4051
Keywords:
annual leave; home leave; reinstatement;
Judgment 4745
137th Session, 2024
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to discharge him after due notice.
Consideration 6
Extract:
In any event, the mere fact that the annual leave, had it been properly requested, would have been probably, or even certainly, granted, even if it were proven – and it is not – did not exempt the complainant from his duty to seek prior approval. It does not fall to a staff member to assess whether their annual leave can be granted or not, considering that, pursuant to the relevant rules, all arrangements pertaining to annual leave shall be subject to the exigencies of service. Thus, annual leave can be granted only following an assessment and approval by a competent officer when compatible with the exigencies of service.
Keywords:
annual leave;
Judgment 4559
134th Session, 2022
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the refusal to grant him retroactively two days of annual leave as compensation for two days worked during that leave.
Judgment keywords
Keywords:
annual leave; complaint allowed;
Judgment 4423
132nd Session, 2021
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to consider as irreceivable his request to be entitled to 12 additional days of annual leave pursuant to Article 59(1)(b) of the Service Regulations.
Consideration 15
Extract:
[I]t is well established in the case law as reiterated in Judgment 4029, consideration 20, that “the principle of equality requires that persons in the same position in fact and in law must be treated equally”. As the complainant is not in the same position in fact or law as the permanent employees aged 65 and over referred to in Article 59(1)(b), who have attained the normal retirement age, the decision not to grant him the benefit of the 12 days of additional annual leave does not constitute unequal treatment by the EPO.
Reference(s)
ILOAT Judgment(s): 4029
Keywords:
annual leave; equal treatment; unequal treatment;
Judgment keywords
Keywords:
annual leave; complaint allowed; decision quashed; unequal treatment;
Judgment 4411
132nd Session, 2021
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate her appointment as a result of the abolition of her post.
Consideration 23
Extract:
Regarding the complainant’s request for the payment of the remaining 37 days of her unused annual leave, as the Appeals Committee correctly noted, it was due to the unlawful termination of her appointment that the complainant could not use those days of leave prior to the expiry of her appointment. In these circumstances, the complainant is entitled to be paid the remaining 37 days of leave.
Keywords:
abolition of post; annual leave; leave; material injury; termination of employment;
Judgment 3309
117th Session, 2014
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the Administrative Council’s decision modifying the calculation method for the annual leave entitlement of employees on part-time sick leave.
Judgment keywords
Keywords:
annual leave; complaint dismissed; sick leave;
Judgment 3057
112th Session, 2012
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
annual leave; complaint allowed; decision quashed; sick leave;
Judgment 2069
91st Session, 2001
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant, whose duty station is The Hague, assisted a colleague at an appeals committee hearing in Berlin, as allowed by the Service Regulations. He asks for an additional day's leave to compensate for the day's leave he had to take to go to Berlin. "Neither the texts cited, nor the defendant's arguments, nor the circumstances of the case afford proper grounds for the assertion that the complainant had to deduct a day from his annual leave in order to assent to his colleague's request for assistance."
Keywords:
annual leave; compensatory leave; duty station; internal appeals body; procedure before the tribunal; request by a party; staff regulations and rules; staff representative; written rule;
Judgment 1985
89th Session, 2000
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant was not required to work during the period from June 1995 to September 1997. She claims annual leave for that period. "Annual leave is a period of rest granted to employees each calendar year, the length of which is calculated on the basis of service completed, and that the right to such leave may be acquired only after a period of actual work which may include periods, of which there is an exhaustive list, that are treated as periods of actual work. The complainant completed no period of service which may be treated as a period of actual work, and so may not claim annual leave for the period in question."
Keywords:
annual leave; commutation of accrued leave; entitlement for service rendered; leave;
Judgment 959
66th Session, 1989
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant was in "breach of Articles 1.1, 1.2 and 1.5 of the ILO Staff Regulations, which prohibit the carrying out of instructions from any external authority, the acceptance of fees and engaging in outside occupations in general without the consent of the Director-General. What is more, and contrary to the complainant's contention, that prohibition holds good during periods of leave as well." [The complainant took up employment with UNICEF before the end of his appointment with the ILO.]
Reference(s)
Organization rules reference: ARTICLES 1.1, 1.2 AND 1.5 OF THE ILO STAFF REGULATIONS
Keywords:
annual leave; concurrent employment; period; staff member's duties;
Judgment 904
64th Session, 1988
Intergovernmental Council of Copper Exporting Countries
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Annual leave is proportional to the amount of service. The complainant served on a part-time basis. The Tribunal holds that it was proper for this to enter into the reckoning of accrued leave.
Keywords:
annual leave; commutation of accrued leave; part-time employment; reckoning;
Judgment 809
61st Session, 1987
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
"Unless leave is granted at his own wish or he is on sick leave - which is just an incident of employment - a paid staff member is entitled to be given work to do that matches his grade."
Keywords:
annual leave; assignment; exception; grade; leave; refusal to assign work; right; salary; sick leave;
Judgment 769
59th Session, 1986
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant fell ill on 15 August, a public holiday. He seeks an additional day of leave to make up for the day he lost. Whereas the complainant was neither on annual leave nor home leave at the time of his illness, his complaint is dismissed.
Keywords:
annual leave; compensatory leave; home leave; illness; public holiday; refusal; request by a party; sick leave;
Judgment 487
48th Session, 1982
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The complainant's absence from duty for which the organization's medical officer thought the application of sick leave unjustified was set against annual leave; the complainant contends that it was in fact a disciplinary measure tainted with abuse of authority. "In the circumstances of this case the application of the [material rule] by analogy and the consequent exclusion of [another rule] which would have entailed disciplinary action [...] constitutes no abuse of authority, since that authority was not exercised for any unlawful purpose."
Keywords:
abuse of power; analogy; annual leave; enforcement; illness; misuse of authority; provision; refusal; sick leave; unauthorised absence;
Judgment 36
7th Session, 1958
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"Although leave is granted on a request approved by the supervisor, such approval is subject to the requirements of the service [...]. The supervisor's discretionary power to determine such requirements is not a matter subject to control by the Tribunal [...]. Far from proving the 'excès de pouvoir' which he alleges, the complainant's case on this point is devoid of substance [...]. The refusal to grant the leave requested by the complainant therefore appears justified."
Keywords:
annual leave; discretion; leave; organisation's interest; refusal; right; supervisor;
Judgment 1
1st Session, 1947
League of Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"[A] day's leave for the purpose of compensation should be counted as one-365th of the annual salary and not as one-304th of the total working days, which would be admissible only if the salary were calculated by working day".
Keywords:
annual leave; commutation of accrued leave; reckoning;
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