Home leave (430, 431,-666)

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Keywords: Home leave
Total judgments found: 26

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• Judgment 368

  
  42nd Session, 1979
  European Patent Organisation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  Vide Judgment 371, consideration 8.

  Reference(s)

  ILOAT Judgment(s): 371
  

  Keywords:

  acquired right; allowance; amendment to the rules; amount; discontinuance; education expenses; home leave; non-resident allowance; payment; reckoning;
  

  
  
  

• Judgment 366

  
  41st Session, 1978
  International Patent Institute
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 11

  Extract:

  "[E]xpatriation, education and leave expense allowances are matters of importance to someone who joins the staff of an organisation. The question therefore arises whether the outright abolition of such allowances would not violate an acquired right. There is, however, no acquired right to the amount and the conditions of payment of such allowances. Indeed the staff member should expect amendments to be prompted by changes in circumstances if, for example, the cost of living rises or falls, or the organisation reforms its structure, or even finds itself in financial difficulty."

  Keywords:

  acquired right; allowance; amendment to the rules; amount; discontinuance; education expenses; home leave; non-resident allowance; payment; refund;
  

  
  
  

• Judgment 365

  
  41st Session, 1978
  International Patent Institute
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 11

  Extract:

  Vide Judgment 366, consideration 11.

  Reference(s)

  ILOAT Judgment(s): 366
  

  Keywords:

  acquired right; allowance; amendment to the rules; amount; discontinuance; education expenses; home leave; non-resident allowance; payment; refund;
  

  
  
  

• Judgment 271

  
  36th Session, 1976
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 5

  Extract:

  The organization contends that when reimbursing travel expenses for home leave account must be taken of costs. "These [...] are questions of policy to be solved before the regulation is framed so that the solution can be embodied in the regulation itself. Once framed, the regulation is conclusive on questions of broad principle and personnel policy. [The Director-General's discretionary authority] to apply it only when he is satisfied that the organization is getting its money's worth cannot be derived from its terms."

  Keywords:

  amount; discretion; enforcement; home leave; limits; organisation's interest; provision; purpose; refund; staff regulations and rules; travel expenses;
  

  Consideration 6

  Extract:

  "[I]t is permissible for the Director-General to determine that staff members whose home is in the country of their duty station are not eligible, since the visit would not then serve the purpose of maintaining international links. But once it is accepted that, as the Tribunal has held, on its proper construction the regulation provides that eligible members shall be paid the whole cost, it is not permissible for the Director-General to say that in certain circumstances only those members will be eligible who are prepared to pay part of the cost themselves."

  Keywords:

  amount; condition; dependant; discretion; home leave; limits; rate; refund;
  

  Consideration 4

  Extract:

  The partial payment of travel expenses would be contrary to the language of the applicable text and inconsistent with the principle of the regulation. "It is agreed that the object of the regulation is not primarily to make a monetary concession to a staff member. It is to the advantage of the organization [...] that staff members should maintain their links with their home countries [...] If the organization pays for only a part of the journey, the principle of home leave will depend on the willingness and ability of the staff member to pay for the rest himself."

  Keywords:

  amount; home leave; organisation's interest; purpose; rate; refund; travel expenses;
  

  Considerations 4-5

  Extract:

  "A rule which applies only to the longer journeys may result in links with the more distant countries being lost. Moreover, if the Director-General has power to rule that only a proportion of the cost of the whole journey need be paid, there can be no reason why he should not in all cases fix the proportion at whatever percentage he thinks the organization can afford." [The Tribunal has established that reasonable expenses should be paid for the whole journey.]

  Keywords:

  amount; consequence; home leave; rate; refund; travel expenses;
  

  Consideration 3

  Extract:

  "The words [in the material provision] are an abbreviated way of saying that the organization shall pay the reasonable expenses of the journey to and from the home. This means the reasonable expenses for the whole journey and not just a part of it. The Director-General may settle the details of the way in which the regulation is to be applied - he may, for example, rule that reasonable expenses do not cover first-class travel or an indirect route - but he may not alter the sense of it."

  Keywords:

  amount; home leave; interpretation; organisation's duties; provision; purpose; rate; refund; staff regulations and rules; travel expenses;
  

  
  
  

• Judgment 270

  
  36th Session, 1976
  European Organisation for the Safety of Air Navigation
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  The provision concerning the reimbursement of travel expenses "is to enable staff members and their family to visit their place of origin from time to time. Hence it does not apply in respect of a wife and children who live in the place of origin."

  Keywords:

  condition; dependant; home leave; purpose; refund; residence; travel expenses;
  

  
  
  

• Judgment 155

  
  24th Session, 1970
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  Following home leave granted to the complainant at his own request, "the Director-General was obliged to regularise his position. He did so by granting [the complainant] special leave with pay [...] to [...] the date of expiry of his contract. In law this decision is beyond reproach."

  Keywords:

  contract; fixed-term; home leave; non-renewal of contract; special leave;
  

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