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)
You searched for:
Keywords: Allowance
Total judgments found: 134
< previous | 1, 2, 3, 4, 5, 6, 7 | next >
Judgment 3883
124th Session, 2017
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants contest the implementation of new salary scales as from March 2012 in Bangkok.
Consideration 23
Extract:
[W]hat relief can be granted by the Tribunal is governed by Article VIII of the Tribunal’s Statute that confers and defines its jurisdiction. That provision clearly contemplates that if a complainant establishes that a decision was unlawfully made, the decision can be rescinded. [H]owever, it contemplates that if the rescission of a decision is not “advisable”, then the Tribunal “shall award the complainant compensation for the injury caused to her or him”. Plainly enough following this latter course depends on the opinion and assessment of the Tribunal in the exercise of what, in substance, is a discretionary power (see Judgment 1419, consideration 24).
Reference(s)
ILOAT reference: Article VIII of the Statute
ILOAT Judgment(s): 1419
Keywords:
allowance; iloat statute;
Judgment 3793
123rd Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to grant him a dependants’ allowance for his mother.
Judgment keywords
Keywords:
allowance; complaint dismissed; dependant;
Judgment 3789
123rd Session, 2017
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the rejection of her requests for payment of an education allowance for her children.
Judgment keywords
Keywords:
allowance; complaint dismissed; education expenses;
Judgment 3693
122nd Session, 2016
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the EPO’s implied rejection of his internal appeals against the decision not to grant him the expatriation allowance retroactively and the decision to cease paying him the allowance.
Judgment keywords
Keywords:
allowance; complaint allowed; decision quashed; internal appeal;
Judgment 3690
122nd Session, 2016
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants contest the deduction of maternity leave periods from the time taken into account for the payment of a collective reward to staff in active service during 2011.
Judgment keywords
Keywords:
allowance; complaint dismissed; joinder; maternity leave;
Judgment 3658
122nd Session, 2016
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the amount of the transitional allowance paid to him following his admission to the early termination of service scheme.
Judgment keywords
Keywords:
allowance; complaint allowed; decision quashed; early retirement;
Judgment 3541
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the lower rate applied by the EPO to the retroactive payment of the lump sum education allowance for her stepchildren.
Judgment keywords
Keywords:
allowance; complaint allowed; decision quashed; education expenses;
Judgment 3540
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the Administrative Council's decision which replaced the invalidity pension by the invalidity allowance.
Judgment keywords
Keywords:
allowance; complaint allowed; contribution rate; contributions; disability benefit; joinder;
Judgment 3539
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the EPO’s decision to reject his requests for childcare allowances.
Judgment keywords
Keywords:
allowance; child's benefit; complaint allowed; decision quashed;
Judgment 3533
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants, who are married and have children, contest the decision to pay only to one of them at a time the child supplement to the expatriation allowance.
Judgment keywords
Keywords:
allowance; complaint allowed; dependent child; joinder;
Judgment 3532
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the rejection of her home loan supplement in respect of her dependent children.
Judgment keywords
Keywords:
allowance; complaint allowed; dependent child;
Judgment 3523
120th Session, 2015
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to discontinue the payment of the education allowance for her son.
Judgment keywords
Keywords:
allowance; complaint dismissed; dependent child; education expenses; permanent appointment;
Judgment 3310
117th Session, 2014
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant asks for the recalculation of an education allowance by reference to the dependent handicapped child allowance (instead of on the basis of the dependent child allowance).
Judgment keywords
Keywords:
allowance; complaint dismissed; dependent child; education expenses; handicapped person;
Judgment 3223
115th Session, 2013
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns a decision on which the Tribunal already ruled in Judgment 2881 and which is res judicata.
Consideration 6
Extract:
"[T]he Tribunal considers that, by virtue of the adversarial principle, an employer organisation may not raise an objection to an internal appeal filed by a staff member unless that person is able to express his or her views on the merits of the objection. As the [organisation] points out, Staff Rule 11.1.1, paragraph 4, makes no provision for a staff member to file a rejoinder with the Appeal Board; however, nor does it rule out this possibility, and it does not therefore preclude the submission of a rejoinder by the person concerned in accordance with the requirements of the adversarial principle. [...]
The internal appeal proceedings were [thus] tainted with a flaw which, contrary to the [organisation]’s submissions, cannot be redressed in proceedings before the Tribunal. In the particular circumstances of the case, the Tribunal will not, however, set aside the impugned decision, but it will grant the complainant compensation in the amount of 1,000 euros for the moral injury caused by this flaw."
Reference(s)
Organization rules reference: Paragraph 4 of ITU Staff Rule 11.1.1
Keywords:
adversarial proceedings; allowance; breach; compensation; discretion; general principle; iloat; internal appeal; internal appeals body; moral injury; no provision; organisation's duties; procedural flaw; procedure before the tribunal; refusal; rejoinder; reply; request by a party; res judicata; right; right to reply; staff regulations and rules;
Judgment 3195
115th Session, 2013
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant unsuccessfully impugns the decision to stop paying him the education allowance for his daughter.
Judgment keywords
Keywords:
allowance; complaint dismissed; education expenses;
Judgment 3114
113th Session, 2012
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
A year and a half passed following the recommendations before a final decision was reached, and that decision was obtained only after the complainant had lodged an application for execution with the Tribunal. "This delay is manifestly unreasonable. The complainant will be awarded an indemnity, which it is fair to set at 2,000 euros, for the moral injury she has thus been caused."
Keywords:
administrative delay; allowance; application for execution; compensation; decision; internal appeals body; moral injury; reasonable time; recommendation;
Judgment 3064
112th Session, 2012
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 10-11
Extract:
The complainant submits that the investigation ordered by the Director-General of the ILO into her allegations of harassment was considerably delayed. The ILO admits that "the delay in holding the investigation is inexcusable". Nevertheless, it considers that "[t]he complainant's claims in this respect are [...] groundless", since 3,000 Swiss francs were awarded as compensation for this delay.
"The Tribunal considers, however, that even if such a sum had been paid promptly and accepted by the complainant, which is not the case, the Organization could not shed its responsibility for the considerable delay in holding the investigation by simply deciding to award the complainant compensation for the injury suffered [...]. The ILO holds that the delay is due, not to the Administration's wish to harm the complainant, but to an error. In the Tribunal's opinion, this fact likewise does not exonerate the Organization or lessen its responsibility, since the error was committed by its Administration. As the [internal appeals body] rightly noted in its report [...] more than 15 months after the Director General's decision there was no information as to the progress of the investigation, or the date on which the investigator would submit his report. Consequently, it must be found that the delay in conducting the investigation caused the complainant moral injury which must be redressed."
Keywords:
acceptance; administrative delay; allowance; compensation; date; delay; duty to inform; harassment; injury; inquiry; internal appeals body; investigation; liability; misconduct; moral injury; organisation; organisation's duties; payment; report;
Judgment 3020
111th Session, 2011
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
WTO Staff Rule 106.11 provides that "[n]ational income tax on salaries, allowances, indemnities or grants paid by the WTO shall be refunded to the staff member by the WTO." The complainant considers that her salary is indirectly taxed, because it is included in the assessment of her husband's rate of income tax. The Organization rejected her claims for reimbursement of what she describes as "over-taxation by the Swiss tax authorities". The Tribunal holds that "[t]he refusal to provide compensation for the additional amount of tax unfairly levied on the couple's income solely because of the complainant's earned income, although it was exempt from taxation, would have a paradoxical effect. A rule designed to guarantee equal wages would lead to unjustifiable inequality between an official whose earned income was unduly taxed although it was by law exempt from taxation and an official whose tax-exempt salary was taken into account for assessment purposes, thus reducing his/her spouse's disposable income after tax and therefore his/her economic capacity from which the official living with him/her naturally benefits. The impugned decision is therefore unlawful."
Reference(s)
Organization rules reference: WTO Staff Rule 106.11
Keywords:
allowance; breach; compensatory allowance; decision quashed; deduction; domestic law; effect; equal treatment; grounds; marital status; official; organisation; payment; purpose; rate; reckoning; recovery of overpayment; reduction of salary; refund; refusal; request by a party; safeguard; salary; staff regulations and rules; status of complainant; tax; written rule;
Judgment 2988
110th Session, 2011
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
Application for execution of Judgment 2786.
"[A]n organisation has a duty to calculate staff salaries and benefits in accordance with its regulations and rules. This 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): 2786
Keywords:
allowance; application for execution; execution of judgment; payment; salary;
Judgment 2972
110th Session, 2011
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"It was recognised in Judgment 666 that 'an allowance may form an essential part of the official's contract [...] and its abolition would therefore constitute breach of [an] acquired right'. However, it was also said in that case that an official 'has no acquired right to the actual amount of the allowance or to continuance of any particular method of reckoning it. Indeed, he must expect these to change as circumstances change'."
Reference(s)
ILOAT Judgment(s): 666
Keywords:
acquired right; allowance; amount; contract; night differential; payment; terms of appointment;
< previous | 1, 2, 3, 4, 5, 6, 7 | next >
|
