Personal effects (357,-666)

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Keywords: Personal effects
Total judgments found: 5

• Judgment 3074

  
  112th Session, 2012
  World Meteorological Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 15-16

  Extract:

  "[I]nternational organisations' staff members do not have a right to have all the conditions of employment laid down in the provisions of the staff rules and regulations in force at the time of their recruitment applied to them throughout their career.
  [M]ost of those conditions [can] be altered during [their] employment as a result of amendments to those provisions. Of course the position is different if, having regard to the nature and importance of the provision in question, the complainant has an acquired right to its continued application. However, according to the case law established in Judgment 61, clarified in Judgment 832 and confirmed in Judgment 986, the amendment of a provision governing an official's situation to his or her detriment constitutes a breach of an acquired right only when such an amendment adversely affects the balance of contractual obligations, or alters fundamental terms of employment in consideration of which the official accepted an appointment, or which subsequently induced him or her to stay on. In order for there to be a breach of an acquired right, the amendment to the applicable text must therefore relate to a fundamental and essential term of employment within the meaning of Judgment 832 (in this connection see also Judgments 2089, 2682, 2696 or 2986). The conditions for the payment of removal expenses, in particular a limit on the volume of household goods which may be shipped at the Organization's expense, plainly do not have this character [...]."

  Reference(s)

  ILOAT Judgment(s): 61, 832, 986, 2089, 2682, 2696, 2986
  

  Keywords:

  acquired right; amendment to the rules; applicable law; appointment; breach; career; condition; contract; date; exception; limits; official; personal effects; provision; removal expenses; right; staff regulations and rules; terms of appointment;
  

  
  
  

• 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 296

  
  38th Session, 1977
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 1-2

  Extract:

  The complainant, an official of the ILO, requests that the UNDP pay him compensation for the loss of and damage to his personal effects. "The complainant was an official of the defendant organisation and his effects were being moved because he was being transferred from one country to another. It is manifest that in a complaint against an organisation the Tribunal cannot make an order requiring payment by some other body." Although the complainant might allege that the UNDP were acting as agents of the organisation to make it responsible, the Tribunal will not decide the question of receivability on this ground.

  Keywords:

  compensation; competence of tribunal; injury; organisation; other; personal effects; receivability of the complaint;
  

  
  
  

• Judgment 53

  
  9th Session, 1961
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 9

  Extract:

  "Damages to personal effects, in respect of which complainant makes a claim [...] arose out of and in the course of employment. Whether or not the claim for compensation was allowable under the organization's baggage insurance policy, the organization was directly liable for compensation."

  Keywords:

  compensation; injury; insurance; liability; material injury; organisation; organisation's duties; personal effects; service-incurred;
  

  
  
  

• Judgment 25

  
  6th Session, 1957
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration (A)

  Extract:

  "The claim submitted by the complainant in respect of losses incurred in the sale of his furniture and car, separation pay for his servants, his temporary housing, and the loss of earnings which he sustained is not warranted by any irregularity [...]. No provision [...] provides for the payment of an indemnity on such grounds [...]. The said claim is therefore devoid of any foundation in law or in fact."

  Keywords:

  cause of action; claim; injury; no cause of action; personal effects;