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Allowance (330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 357, 358,-666)

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Keywords: Allowance
Total judgments found: 134

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  • Judgment 4777


    137th Session, 2024
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the calculation of his remuneration and the determination of his step following his promotion from grade G.6 to grade P.3.

    Consideration 9

    Extract:

    In Judgment 498, the Tribunal had [...] noted that, contrary to what the complainant maintains in the present case, it was not unlawful for staff members in the Professional category and those in the General Service category to receive different amounts of family allowance, since the principle of equal treatment can only be applied to staff members who are in the same situation.

    Reference(s)

    ILOAT Judgment(s): 498

    Keywords:

    allowance; equal treatment; family allowance; general service category; professional category;



  • Judgment 4707


    136th Session, 2023
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants contest the modifications brought to the subsistence allowance.

    Judgment keywords

    Keywords:

    acquired right; allowance; complaint dismissed;



  • Judgment 4681


    136th Session, 2023
    International Criminal Court
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the ICCís decision to reject her request to pay her the education grant in respect of her son for the school year 2018-2019.

    Consideration 9

    Extract:

    The principle of equal treatment does not guarantee that all persons receive the same benefit but, rather, requires that persons in like situations be treated alike and persons in relevantly different situations be treated differently. In the present case, the criteria for the payment of the education grant set forth in Staff Rule 103.18(d)(i) apply equally to all staff members of the ICC. Although, as pointed out by the complainant, this may result in a situation where children at approximately the same age, or even in the same classroom, may be treated differently with respect to the education grant, this is not due to any inconsistency or discrimination in the application of the criteria set forth in Staff Rule 103.18(d)(i), but to a clear and objective cut-off date established by that rule. The cut-off date distinguishes between children who turn five prior to or within the three-month window, and children who turn five outside the three-month window. Because these two categories of children are not in the same legal position, the principle of equal treatment is not violated when these two categories are treated differently.

    Keywords:

    allowance; education expenses; equal treatment;



  • Judgment 4660


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

    Consideration 22

    Extract:

    [T]he Tribunal considers that all the injuries suffered by the complainant may be fairly redressed by awarding him a sum equivalent to three yearsí remuneration, which will be calculated on the basis of the net salary and allowances of any kind which the complainant was receiving at the time of his departure from the Organization, without deducting from this sum any earnings which he may have received since then.
    As this lump sum must be regarded as compensating the entire material injury suffered by the complainant, there is no need to add to it the amount of the pension contributions relating to the remuneration in question or to pay interest for late payment thereon.

    Keywords:

    allowance; lump-sum; material injury;



  • Judgment 4656


    136th Session, 2023
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: ITU has filed an application for the interpretation of order 2 of the decision contained in Judgment 4515.

    Consideration 4

    Extract:

    [I]n light of the Tribunalís guidance, in Judgment 2988, consideration 4, [...] an organizationís duty to calculate staff salaries and benefits in accordance with its regulations and rules applies equally to the calculation of the amount due for salary and benefits pursuant to a judgment of the Tribunal.

    Reference(s)

    ILOAT Judgment(s): 2988

    Keywords:

    allowance; execution of judgment; payment; salary;



  • Judgment 4624


    135th Session, 2023
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant takes issue with the type of contract successively awarded to her by the ILO and seeks adequate compensation for the injury she considers she has suffered.

    Consideration 4

    Extract:

    In respect of the injury that purportedly resulted from the unlawful use of technical cooperation contracts renewed several times, the Tribunal notes that, even supposing that it was unlawful to extend the technical cooperation contract after a given date, that alone does not suffice to establish that the complainant was entitled to have her employment contract converted into a contract funded from the Organizationís regular budget. Paragraph 12 of aforementioned Office Procedure IGDS Number 16, in any event, provides only for the conversion of positions such as that held by the complainant to regular budget positions ďprogressively and where feasibleĒ. However, the Organization asserts, without being effectively contradicted by the complainant, that such a conversion was not possible in this case owing, in particular, to the lack of budgetary resources available for that purpose.

    Keywords:

    allowance; contract; prejudice;

    Consideration 8

    Extract:

    The complainant [...] contends that the Director-Generalís decision did not adequately justify the amount of compensation awarded, since that amount was not broken down between the various injuries for which compensation was awarded.
    However, the Tribunal considers that it is permissible for an international organisation to decide to award a lump sum in compensation for all injuries suffered by a member of its staff.

    Keywords:

    allowance; damages; motivation;



  • Judgment 4591


    135th Session, 2023
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the reduction in the amount of his functional allowance calculated in proportion to the reduction in his working hours.

    Judgment keywords

    Keywords:

    allowance; complaint dismissed; part-time employment; special post allowance;



  • Judgment 4487


    133rd Session, 2022
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the fact that the arrears owed to him in respect of his invalidity allowance, related benefits and unused leave following a retroactive modification of the monthly gross salary scales in December 2012 were not paid to him until January 2013.

    Judgment keywords

    Keywords:

    allowance; complaint dismissed; delay in payment; invalidity;



  • Judgment 4484


    133rd Session, 2022
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainants challenge the decisions to reject their claim for reimbursement of deductions made as from December 2015 to a compensatory allowance following their career progression and the ensuing increase in their salary.

    Judgment keywords

    Keywords:

    acquired right; allowance; complaint dismissed;

    Consideration 8

    Extract:

    As the Committee noted, the compensatory allowance was meant to serve as a means of mitigating the adverse financial effects that the reorganisation had had on the complainantsí income in 2005 and not as a permanent financial bonus, and that moreover, ten years after the commencement of that entitlement the EPO slightly reduced the compensatory allowance, while nonetheless maintaining the complainantsí income at a stable level. In the Tribunalís view, this reasoning is in line with the Tribunalís analyses in Judgments 2972 and 3109, consideration 3, particularly as the complainants no longer perform shift work outside normal working hours. As the impugned decisions accepted the Appeals Committeeís reasoning on this issue, the complainantsí claims to the contrary are unfounded.

    Reference(s)

    ILOAT Judgment(s): 2972, 3109

    Keywords:

    acquired right; allowance; mitigation of loss;



  • Judgment 4222


    129th Session, 2020
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the refusal of UNESCO to award full compensation for the injury suffered as a result of an accident recognized as being service-incurred.

    Considerations 15-17

    Extract:

    According to article 4 of the Staff Compensation Plan:
    ďThe compensation payable under these Rules shall be the sole compensation to which any person shall be entitled as against the Organization in respect of any claim falling within the provisions thereofĒ.
    Contrary to the defendant organizationís submissions, these provisions do not preclude a staff member from claiming compensation for the consequences of negligence on the part of the Organization. Such a claim cannot be regarded as being based on the provisions of this plan (see, for similar cases, Judgments 3689, consideration 5, and 3946, consideration 17).
    [...]
    According to the Tribunalís case law, an organization may incur liability in negligence where it fails to take reasonable steps to prevent a foreseeable risk of injury (see Judgments 2804, consideration 25, 3215, consideration 12, and 3733, consideration 12). In the instant case, it is apparent from the file that the floor of the podium set up for the seminar was defective and should have been repaired or, at least, signposted, as evidenced by the occurrence of the accident.[...]
    According to the Tribunalís case law, an international organization has a duty to provide a safe and adequate environment for its staff, and they in turn have the right to insist on appropriate measures to protect their health and safety (see Judgments 3025, consideration 2, 2403, consideration 16, and 3689, consideration 5).
    In the instant case, the Organization, which had ordered the construction of the podium in which the hole was found, should have ensured that this work was properly carried out. It must therefore be recognized that the Organization is at fault.
    Pursuant to the principle that full compensation is due in respect of injuries caused by negligence on the part of the Administration, the complainant is entitled to compensation for injuries not already compensated under the Staff Compensation Plan.

    Reference(s)

    ILOAT Judgment(s): 2403, 2804, 3025, 3215, 3689, 3689, 3733, 3946

    Keywords:

    allowance; compensation; construction work; negligence; professional accident;



  • Judgment 4192


    128th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the rejection of his application for payment of an expatriation allowance.

    Judgment keywords

    Keywords:

    allowance; complaint dismissed; expatriation allowance;



  • Judgment 4191


    128th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the rejection of his application for payment of an expatriation allowance.

    Judgment keywords

    Keywords:

    allowance; complaint dismissed; expatriation allowance;



  • Judgment 4190


    128th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the rejection of her application for payment of an expatriation allowance.

    Judgment keywords

    Keywords:

    allowance; complaint allowed; decision quashed; expatriation allowance;



  • Judgment 4189


    128th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the rejection of her application for payment of an expatriation allowance.

    Judgment keywords

    Keywords:

    allowance; complaint dismissed; expatriation allowance;



  • Judgment 4188


    128th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the rejection of her application for payment of an expatriation allowance.

    Judgment keywords

    Keywords:

    allowance; complaint dismissed; expatriation allowance;



  • Judgment 4119


    127th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the decision of the President of the Office to amend the wording of a circular in respect of the age limit for the payment of a dependantsí allowance.

    Judgment keywords

    Keywords:

    allowance; complaint dismissed; decision quashed; dependent child; education expenses; general decision;

    Consideration 4

    Extract:

    The Tribunalís case law consistently holds that a member of staff cannot challenge, by way of a complaint in the Tribunal, a general decision unless and until it is applied to that staff member with adverse legal consequences (see Judgment 4016, consideration 5, and the case law cited therein). That case law is rooted in the provisions of the Tribunalís Statute. The Tribunalís jurisdiction is to deal with disputes concerning, relevantly, the alleged non-observance of the Staff Regulations or of the officialís terms of appointment. In a case such as the present there would have been, at least arguably, a non-observance of the Service Regulations at the moment the complainant was not paid the allowance because of the age of his children. That might have been so because, amongst other reasons, the amendment was not lawfully made or the Service Regulations, properly construed, conferred the allowance beyond the time identified in the amended Circular. However before the payment of the allowance ceased, no issue would arise about the non-observance of the Service Regulations. In the result, this complaint is irreceivable and will be dismissed.

    Reference(s)

    ILOAT Judgment(s): 4016

    Keywords:

    allowance; cause of action; general decision; individual decision; receivability of the complaint;



  • Judgment 4116


    127th Session, 2019
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the rejection of his request for payment of an education allowance for his children.

    Judgment keywords

    Keywords:

    allowance; complaint dismissed; education expenses;



  • Judgment 4090


    127th Session, 2019
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the processing of his application for a disability benefit and the calculation of his sick leave entitlements.

    Consideration 10

    Extract:

    Even accepting, for present purposes, that the field of operation of the Flemming principle would comprehend, as an aspect of establishing appropriate levels of pay, payment of sick leave entitlements, it is not appropriate to isolate one element of salary only and compare that element with prevailing local conditions. As the Tribunal observed in Judgment 1334, consideration 24, ď[the Flemming principle] offers [...] a guide for setting general levels of pay for local staff: it offers no basis for claims about any particular component of such payĒ.

    Reference(s)

    ILOAT Judgment(s): 1334

    Keywords:

    allowance; flemming principle; local status; salary; sick leave;



  • Judgment 4073


    127th Session, 2019
    Global Fund to Fight AIDS, Tuberculosis and Malaria
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant contests the reduction of the rate of the expatriate premium paid to her.

    Judgment keywords

    Keywords:

    acquired right; allowance; complaint dismissed;



  • Judgment 4046


    126th Session, 2018
    European Patent Organisation
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the rejection of his claim for an invalidity allowance.

    Judgment keywords

    Keywords:

    allowance; complaint dismissed; invalidity;

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Last updated: 12.04.2024 ^ top