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Place of origin (66,-666)
You searched for:
Keywords: Place of origin
Total judgments found: 17
Judgment 3018
111th Session, 2011
Intergovernmental Organisation for International Carriage by Rail
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"[A repatriation] grant [...] is intended to assist internationally recruited staff members in the efforts required of them if they decide, at the end of their employment, to return to their country of origin with the intention of establishing themselves there."
Keywords:
decision; definition; non-local status; official; place of origin; purpose; repatriation allowance; separation from service;
Judgment 2712
104th Session, 2008
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The Organization appointed a candidate who did not meet one of the conditions stipulated in the vacancy announcement. "[T]he fact that the appointment of the successful candidate, who happens to be Lebanese, conveniently enabled WIPO to achieve some of its management goals, such as that of increasing the proportion of women in senior management positions or that of the geographical distribution of its officials [...] is [...] irrelevant in this case. However legitimate these goals may be, they could not override the Organization's obligation to appoint to the post in question a candidate who possessed the required qualifications and experience initially stipulated. Geographical origin could be taken into consideration only if the opposing candidates were of equal merit."
Keywords:
appointment; candidate; competition; criteria; geographical distribution; increase; nationality; organisation; organisation's duties; place of origin; post; professional experience; purpose; qualifications; vacancy notice;
Judgment 2639
103rd Session, 2007
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"Both under the UN Staff Rules and the WTO Staff Rules, the Organization recognises only one nationality for each staff member; a staff member's nationality is determined at the time of appointment and a staff member's home is deemed to be in the country of which the staff member is a national, unless there are compelling reasons to make an exception."
Keywords:
appointment; date; exception; grounds; home; nationality; official; place of origin; rule of another organisation; staff regulations and rules;
Judgment 2638
103rd Session, 2007
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"The main justification for granting benefits such as home leave or an education grant to some staff members is not that the beneficiaries have a particular nationality, but that their duty station is not in their recognised home country. Far from being discriminatory, such practices, which moreover exist in most international organisations, are designed to restore a degree of equality between officials serving in a foreign country and those who are working in a country where they normally have their home. The two categories cannot be regarded as being in identical situations. Consequently, according to firm precedent, the principle of equality must not lead to their being treated in an identical manner when a difference in treatment is appropriate and adapted (see Judgment 2313 [...])."
Reference(s)
ILOAT Judgment(s): 2313
Keywords:
allowance; breach; difference; duty station; education expenses; equal treatment; general principle; home; home leave; nationality; official; organisation's duties; place of origin; practice; purpose; rule of another organisation;
Judgment 2637
103rd Session, 2007
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"So far as concerns the education grant, the argument of discrimination against persons who are the children of international civil servants must [...] be rejected. [The Tribunal considers that] the purpose of the grant is not to confer a financial benefit but to enable a child of a staff member to be educated in the mother tongue of his or her parent and, ordinarily, that will be the language of the country with which the staff member has the closest connection."
Keywords:
allowance; breach; dependent child; education expenses; equal treatment; nationality; official; parent; place of origin; purpose;
Consideration 14
Extract:
"[I]t is convenient to note the different but related purposes of home leave and education grant. The purpose of home leave is not to confer a financial benefit or to make a monetary concession (see Judgment 937). Rather, as pointed out in Judgment 2389, it is 'to enable staff members who, owing to their work, spend a number of years away from the country with which they have the closest personal or material ties to return there in order to maintain those connections'. Similarly, the purpose of the education grant is made explicit by UN Staff Regulation 3.2(c), namely, to provide for a staff member 'serving in a country whose language is different from his or her own and who is obliged to pay tuition for the teaching of the mother tongue to a dependent child attending a local school in which the instruction is given in a language other than his or her own'."
Reference(s)
ILOAT Judgment(s): 937, 2389
Keywords:
allowance; dependent child; difference; duty station; education expenses; home leave; nationality; official; organisation's interest; payment; period; place of origin; purpose; rule of another organisation;
Judgment 2389
98th Session, 2005
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The home country "is not necessarily that of the staff member's nationality. It could be the country with which he has the closest connection outside the country in which he is employed (see Judgment 1985, under 9), for instance the home country of his wife or of children whom he may have adopted or taken in but who he believes should keep up their connections with their native environment. Thus, according to Staff Rule 105.3, paragraph 4c, the Director General, in exceptional circumstances, may authorise a staff member to take home leave in a country other than the country of his nationality, provided that the latter can show that he maintained his normal residence in that other country for a prolonged period preceding his appointment, that he continues to have close family or personal ties in that country and that his taking home leave there would not be inconsistent with the purpose and intent of Staff Regulation 5.3."
Reference(s)
Organization rules reference: UPU Staff Regulation 5.3 and Staff Rule 105.3, paragraph 4c
ILOAT Judgment(s): 1985
Keywords:
adoption; appointment; burden of proof; condition; definition; dependent child; difference; duty station; exception; executive head; family relationship; home leave; nationality; official travel; period; place of origin; residence; staff regulations and rules;
Consideration 7
Extract:
"[T]he purpose of home leave is to enable staff members who, owing to their work, spend a number of years away from the country with which they have the closest personal or material ties to return there in order to maintain those connections. Regulation 5.3, which denies home leave to staff members whose home country is the country of their official duty station or who continue to reside in their home country, is therefore self-explanatory. Regulation 4.5, paragraph 2, reflects the same reasoning, insofar as it provides that a staff member may lose entitlement to home leave if, following a change in his residential status, he is, in the opinion of the Director General, deemed to be a permanent resident of any country other than that of his nationality, provided that the Director General considers that the continuation of such entitlement would be contrary to the purposes for which the benefit was created."
Reference(s)
Organization rules reference: UPU Staff Regulations 4.5, paragraph 2, and 5.3
Keywords:
amendment to the rules; condition; consequence; difference; duty station; executive head; family relationship; home leave; nationality; official; period; place of origin; purpose; refusal; residence; staff regulations and rules;
Judgment 2214
95th Session, 2003
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3(B) and (C)
Extract:
The complainant asked for the payment of the expatriation allowance provided for in Article 72 of the EPO's Service Regulations. The Tribunal gave "a definition of permanent or continuous residence". While this requires actual long-term presence in the country concerned, it does not necessarily exclude another residence. In judgment 1099 the Tribunal held that in order to establish whether the complainant met the condition of 'continuous residence' in the country of his duty station for at least three years prior to being recruited by the Office, it was necessary to determine whether there were "objective and factual links with that country". It added that: "what matters is that the complainant had to live, and did live [in that country]". It was not important to know whether the complainant had paid taxes there or whether, at the same time, he kept a home address at his former place of residence (see Judgment 1099, under 8). The status of the residence is not relevant either (see Judgment 1150). It is clear from the case law when residence must be deemed to have been interrupted, within the meaning of Article 72 of the Service Regulations. It is not sufficient for the person concerned to have stopped living in a particular country; he must in addition have intended to leave the country for some length of time."
Reference(s)
Organization rules reference: ARTICLE 72 OF THE SERVICE REGULATIONS FOR PERMANENT EMPLOYEES OF THE EUROPEAN PATENT OFFICE
ILOAT Judgment(s): 1099, 1150
Keywords:
appointment; assignment; case law; condition; definition; duty station; iloat; judgment of the tribunal; non-resident allowance; period; place of origin; provision; request by a party; residence; staff member's duties; staff regulations and rules; tax;
Judgment 2129
93rd Session, 2002
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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 1539
81st Session, 1996
European Free Trade Association
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"Since the complainant was in Switzerland at the time of recruitment she was not locally recruited for employment at the Brussels Office. It is true that the Association was free to incorporate in the letters of appointment a clause saying that she was nevertheless deemed to have local status. [...] For want of a clause expressly prescribing local status the presumption is that the parties did not agree that she should have such status. The conclusion is that the contracts, read together with the Staff Regulations, set out all the terms and conditions of employment, which conferred non-local status on the complainant and gave the association no right or power to treat her as having any other. And even if there was doubt on that score it was the association, which was the source of all the relevant documents, that had the duty to resolve it."
Keywords:
complainant; contract; duty station; intention of parties; local status; non-local status; offer; organisation's duties; place of origin; staff regulations and rules; status of complainant; terms of appointment;
Consideration 13
Extract:
"Inasmuch as the letters of appointment say nothing of 'local' or 'non-local' status, the Tribunal will treat the facts of the case as decisive. A contractual provision on status would be necessary only if the matter were uncertain or if the parties had agreed that she should have a status different to the status that the facts determine. Since such agreement would involve a waiver by the complainant of her rights of non-local status, it may not be presumed in the absence of clear evidence of such waiver."
Keywords:
appraisal of evidence; contract; evidence; intention of parties; local status; non-local status; place of origin; status of complainant; terms of appointment;
Judgment 1324
76th Session, 1994
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
The complainant is seeking a change, to which the organisation is opposed, in the designation it originally made upon recruitment of his official home. "It would offend against the principle of equal treatment [for a new] recruit who has strong ties with the country of one of two nationalities [to] get the automatic designation of a place in that country as 'home', while in identical circumstances another employee is refused designation of his home in that country simply because he is seeking review of a determination already made."
Keywords:
amendment to the rules; complainant; equal treatment; home; home leave; nationality; place of origin;
Judgment 1249
74th Session, 1993
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The impugned decision [not to renew the complainant's appointment] was warranted neither by the WHO's concern for the purported interests of the country of the complainant's nationality nor by its desire to keep on good terms and work effectively with its membership. Relations with a member state may be good without the Organization's allowing any of its Member States the right to interfere in the area of personnel management."
Keywords:
complainant; contract; decision; fixed-term; independence; international civil service principles; member state; nationality; non-renewal of contract; organisation; place of origin;
Judgment 1217
74th Session, 1993
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
The complainant objects to CERN's refusal to change his home from that of which he is a citizen to another country. "The original determination of the home station on recruitment and any later change are incontrovertibly at the discretion of CERN, which has to give weight to the various criteria the Staff Regulations set. For the sake of sound management [...] the organization may set guidelines on the matter. So there can be no objection to its consistent policy of determining the staff member's home, barring evidence to the contrary, in his own country and allowing later change to some other country only where some change in circumstances so warrants."
Keywords:
amendment to the rules; criteria; decision; discretion; home; home leave; judicial review; nationality; organisation's interest; place of origin; refusal;
Judgment 937
65th Session, 1988
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12, Summary
Extract:
The complainant was dismissed for misconduct. The organization submits that the complainant took home leave without going to his home country, the one which treats him as its citizen. The Tribunal held that the complainant was in breach of the letter and spirit of the rules: "Though the rules do allow rerouting, it must not be more than a minor change in travel arrangements."
Keywords:
direct route; enforcement; exception; home leave; misconduct; place of origin; serious misconduct; staff member's duties; staff regulations and rules; termination of employment;
Judgment 854
63rd Session, 1987
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant, a national of the Federal Republic of Germany, was initially appointed to The Hague, where he received an expatriation allowance; he was then transferred to Berlin where he no longer received the allowance. The complainant contends that he is still entitled to the allowance under Article 72[3] of the EPO Service Regulations since, even though a national of the country in which he is serving, he had been continuously resident in another State for at least 10 years at the time of appointment. The complainant takes the expression 'at the time of their appointment' to mean at the date of transfer. The interpretation is without merit. The complaint is dismissed.
Reference(s)
Organization rules reference: ARTICLE 72.3 OF THE EPO STAFF REGULATIONS
ILOAT Judgment(s): 786
Keywords:
interpretation; nationality; non-resident allowance; place of origin; provision; residence; right; staff regulations and rules;
Judgment 525
49th Session, 1982
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5, Summary
Extract:
The "home" should not in all cases be regarded as the country of birth. The rule refers to the place with which the staff member has the closest connection, with respect to place of residence of his family, where he was brought up and any place where he possesses property. The President's decision is based on a mistake of law, its sole foundation consists of concerns related to the country of birth; that was a mistake of law.
Keywords:
criteria; home; nationality; place of origin;
Consideration 2
Extract:
The notion of 'home' "is determined according to several criteria which include not just origin and nationality but also family connections, spiritual, material and psychological links and which serve to identify the focus of his interests and the place where it may be reasonably assumed that he intends to take up permanent residence."
Keywords:
criteria; home; nationality; other; place of origin;
Judgment 335
40th Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"What is generally meant by someone's place of origin is the place to which he belongs or at least where his family has been settled for one or more generations. At the least it may be the place where his family is living. The term would be strained beyond normal usage, however, if the place of origin of a married man were taken to be the place where his wife has relatives or property."
Keywords:
definition; place of origin;
Consideration 2
Extract:
According to the regulations, by special decision and in exceptional circumstances, the place of origin of a staff member may be altered while the staff member is in service to the organisation. "The provisions do not specify the circumstances which warrant a change in the place of origin and they leave the matter to the discretion of the competent authority." Limited power of review by the Tribunal.
Keywords:
amendment to the rules; discretion; exception; home; judicial review; place of origin;
Judgment 138
22nd Session, 1969
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"Circumstances could be envisaged in which significant additional expenses have been incurred solely for the education of the children in the home country when a household is maintained in that country for the school-going children. In international organisations where multicultural and multilingual employees are gathered from various parts of the world the possibility of such a situation should be expected. The Director-General could not therefore dismiss complainant's request on principle but should [...] taking into account all the circumstances of the case have exercised his discretion [...]."
Keywords:
allowance; education expenses; parents separated; place of origin; residence;
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