Travel time (964,-666)

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Keywords: Travel time
Total judgments found: 2

• Judgment 4660

  
  136th Session, 2023
  International Criminal Police Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the Secretary General’s decision to dismiss him summarily without indemnities on disciplinary grounds.

  Consideration 24

  Extract:

  It is settled case law that officials are entitled to have their appeals examined with the necessary speed, in particular having regard to the nature of the decision which they wish to challenge (see, for example, [...] Judgments 4457, consideration 29, 4310, consideration 15, and 4063, consideration 14).
  In the present case, two years elapsed between the complainant lodging his internal appeal on 20 August 2018 and his receipt of notification of the Secretary General’s decision of 12 August 2020, which eventually ruled on that appeal after the complaint had been filed.
  [T]he Tribunal finds this delay unreasonable having regard to the nature of the case, since it concerned a summary dismissal without indemnities on disciplinary grounds.

  Reference(s)

  ILOAT Judgment(s): 4063, 4310, 4457
  

  Keywords:

  disciplinary procedure; moral injury; travel time;
  

  
  
  

• Judgment 4593

  
  135th Session, 2023
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the withdrawal of his right to supplementary days of annual leave for “travelling time”.

  Judgment keywords

  Keywords:

  acquired right; complaint dismissed; travel time;
  

  Consideration 11

  Extract:

  As regards the [...] plea alleging that the withdrawal of the complainant’s travelling time constitutes discrimination as it is based on nationality, the Tribunal notes that the criterion used by the Organisation, which is based on entitlement to expatriation or foreign residence allowance, is relevant to the purpose of travelling time, as it concerns the distinction made between an official’s country of origin and her or his place of employment. The complainant’s argument that use of this new criterion results in discrimination based on nationality is in any event ineffective in the context of the present dispute. Indeed, the objection raised in this regard is, in fact, an objection to the conditions on which the expatriation or foreign residence allowance is awarded, rather than travelling time.

  Keywords:

  discrimination; nationality; travel time;