Payment (619,-666)
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Keywords: Payment
Total judgments found: 66
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Judgment 990
68th Session, 1990
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The General Assembly of the United Nations brought in a new scale of pensionable remuneration as from 1 January 1985. The scale, provided for in Article 3.1.1 of the Staff Regulations, did not come into force until 1 April 1985. The complainant's pension, however, was reckoned according to the new scale between 1 January and 31 March 1985. The Tribunal holds that "the ILO is undoubtedly bound [...] by the provisions of the Staff Regulations so long as they remain in force and is therefore liable towards the complainant for the breach of them. That its difficulty is due to the stand taken by the fund cannot alter its liability as employer towards its staff."
Reference(s)
Organization rules reference: ARTICLE 3.1.1 OF THE ILO STAFF REGULATIONS
Keywords:
amendment to the rules; difference; effective date; fund regulations; liability; organisation; payment; pension; pensionable remuneration; provision; reduction of salary; scale; staff regulations and rules; unjspf;
Judgment 971
66th Session, 1989
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The complainant claims payment under Annex C. But only the WHO, not the complainant, is entitled to payment under this annex, which concerns its insurance policy. The policy is exclusively a matter between the WHO and its insurers. In application of its administrative practice, as reflected in paragraph 365 of Manual II.7, the organization does hand the difference over to the staff member if the sum it has actually received from the insurers more than covers its liability to him."
Reference(s)
Organization rules reference: WHO MANUAL PROVISION II.7
Keywords:
amount; complainant; difference; health insurance; insurance; organisation; payment; practice;
Judgment 970
66th Session, 1989
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"The complainant [...] contends that each alleged short-payment of salary constitutes in itself a separate breach by the Union of its obligations towards him. But since he has not sought review by the Secretary-General of any of the alleged short-payments, his complaint is again irreceivable".
Keywords:
complaint; continuing breach; decision; internal remedies exhausted; payment; receivability of the complaint; salary;
Judgment 959
66th Session, 1989
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The complainant maintains that he is entitled to have refunded to him any tax that was levied on his ilo salary and made over to the Indonesian government. [...] The ILO explained to him that if he could satisfy it that he himself had paid tax to the government it would reimburse the sum, and indeed that offer holds good. But the complainant has never offered any evidence of such payment, and his claim must therefore fail."
Keywords:
burden of proof; complainant; evidence; lack of evidence; payment; refund; right; tax;
Judgment 897
64th Session, 1988
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Following a promotion, the complainant was no longer entitled to a language allowance. In its place she was awarded a compensatory payment after an eighteen month delay. She regards the language allowance as part of her salary and seeks the grant of a further step. As in Judgment 737 the Tribunal dismisses her claims but awards her costs because of the delay in payment of compensation to which she was entitled.
Reference(s)
ILOAT Judgment(s): 737
Keywords:
administrative delay; compensatory allowance; compensatory measure; consequence; costs; discontinuance; language allowance; payment; promotion; reduction of salary; salary;
Judgment 874
63rd Session, 1987
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"A debt of moneys is to be discharged by the date of payment stipulated either in the contract or by some general provision. Where payment is late, the rule is that there shall be a compensatory award of interest, the amount being set without making the creditor show specific injury."
Reference(s)
ILOAT Judgment(s): 792
Keywords:
administrative delay; amount; date; delay in payment; execution of judgment; injury; interest on damages; judgment of the tribunal; payment;
Judgment 706
57th Session, 1985
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"The complainant is also entitled to interest at 10 per cent a year on the sums due under this judgment from 3 May 1984, the date on which he asked UNESCO to execute Judgment 607 and from which there was a demand to pay."
Reference(s)
ILOAT Judgment(s): 607
Keywords:
amount; application for execution; date; execution of judgment; formal demand for payment; interest on damages; judgment of the tribunal; payment; penalty for delay;
Consideration 10
Extract:
The organization failed to give proper effect to Judgment 607. The complainant wins his case. He is entitled to interest on the amounts due him from the date on which he asked UNESCO to execute Judgment 607 and from which there was a demand to pay.
Reference(s)
ILOAT Judgment(s): 607
Keywords:
date; delay in payment; execution of judgment; formal demand for payment; interest on damages; judgment of the tribunal; payment; penalty for delay;
Judgment 650
55th Session, 1985
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The complainants contend that the organisation had been in continuous breach of its obligations by failing to safeguard their enjoyment of entitlements they had before a specific date. They therefore allege that the organization acted unlawfully since that date. "The impugned decision therefore recurred right up to the date of the internal appeal, and that appeal was in time. The internal means of redress must be deemed to have been exhausted even though the Board did not go into the merits."
Keywords:
allowance; continuing breach; payment; receivability of the complaint; time limit;
Judgment 632
54th Session, 1984
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The applicable provision requires compensatory leave to be taken within two months of the date of accrual. "Indeed it is difficult to see how leave can be compensatory if it is taken at a time far remote from the period when the overtime was performed. [...] The complainant has retired from the [organization] and it is not now possible to grant compensatory leave to him. [...] The only solution is for the WHO to pay the complainant the difference in overtime rates".
Keywords:
compensatory leave; overtime; payment; retirement; separation from service; time limit;
Judgment 595
51st Session, 1983
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The material date was that on which the complainant received the letter of termination. The period of notice should begin on that date and the termination payment and the disability payment should be calculated and paid accordingly. "Any other conclusion would offend against the rule that a decision must not be retroactive in effect. [...] No organisation may retroactively alter at will the position of its staff. The effect of the WHO's arrangement might be to do away with one of the benefits prescribed" in the material Staff Rules. The decision is set aside; the complainant's administrative position must be reviewed.
Keywords:
date; date of notification; disability benefit; non-retroactivity; notice; payment; terminal entitlements; termination of employment;
Judgment 569
51st Session, 1983
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The expert's fee [...] has been paid by the International Labour Organization. Since the expert's inquiry was a step in assessing the amount of the compensation for which the defendant organization is liable, the cost of the inquiry must be borne by the organization." It will reimburse the ILO with the amount in question.
Reference(s)
ILOAT Judgment(s): 480
Keywords:
application for execution; cost of expert inquiry; organisation; payment;
Judgment 500
48th Session, 1982
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant's subsidiary claim is for money due by way of family allowance. The organisation "says that it has paid the amount to the complainant and submits that there is no cause of action. Since the complainant has filed no rejoinder, he presumably does not challenge the statement and there being no cause of action, the claim fails."
Keywords:
cause of action; no cause of action; payment; settlement out of court;
Judgment 391
43rd Session, 1980
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"[T]here may be an acquired right to application of the principle that an allowance will be paid, but not necessarily to the method of calculation - in other words, to the actual amount - of that allowance."
Keywords:
acquired right; allowance; amount; payment; reckoning;
Judgment 371
42nd Session, 1979
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
Expatriation, education and leave expense allowances are matters of importance to someone joining the staff of an international organisation. "The question therefore arises whether the outright abolition of such allowances would in principle 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; reckoning;
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 363
41st Session, 1978
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
If, as "is very doubtful, the language of the letter [...] is sufficient to attach to the payment the condition that the complainant would by accepting it abandon his right to appeal to the Tribunal, this condition would be invalid and of no effect."
Keywords:
acceptance; condition; installation allowance; payment; waiver of right of appeal;
Judgment 349
40th Session, 1978
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 27
Extract:
The organisation was in breach of contract in that it failed to specify and pay the night work indemnity. The complainant is accordingly entitled to be paid the indemnity in full; were it not for a regulation which prescribes that claims relating to the payment of indemnities may not be raised later than six months from the date on which the staff member became entitled to raise such a claim, he would have been entitled to back payments from the time he joined the organisation. But he is thereby barred from claiming more than six months' arrears.
Keywords:
allowance; breach; contract; night differential; organisation; payment; time limit;
Consideration 29
Extract:
"The complainant can only claim overtime in accordance with his contract and his contract was never amended. [...] The complainant cannot base a separate claim for overtime on a provision that was not a term of his contract [...]."
Keywords:
condition; contract; overtime; payment; provision; right;
Judgment 307
38th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
"[T]here is a clear distinction between a contract to appoint and the appointment itself, and it is normal to have an interval between the two so as to allow for the preparation of the formal documents. The payment of salary and the start of the official's duties, including the duty to travel to his place of work, would naturally be contemporaneous and begin on a date to be fixed by the letter of appointment."
Keywords:
appointment; contract; date; payment; salary; time limit;
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