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
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Judgment 630
54th Session, 1984
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
The complainant was inconsiderately left idle. The organisation ought to have done its utmost to set the situation right. "The Tribunal holds that the ilo caused serious injury to the complainant's feelings and reputation and was in breach of its obligations. It shall pay her compensation for moral injury. Inasmuch as it finds the ILO at fault the present judgment itself affords a remedy, but she is also entitled to damages for the serious prejudice she has suffered [...]."
Keywords:
allowance; breach; compensation; misconduct; moral injury; organisation; organisation's duties; professional injury; refusal to assign work;
Judgment 498
48th Session, 1982
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The Tribunal will [...] observe that the principle of equality is applicable only between officials in the same circumstances". In the instant case an official in the professional category wished to benefit from provisions concerning the grant of a family allowance applicable only to the general service category.
Keywords:
allowance; equal treatment; family allowance; general service category; professional category; salary;
Judgment 497
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant maintains that in an American university an academic year consists of the time taken to complete the courses prescribed for a scholastic year; it is open to the student, she says, to take four, five or six terms instead of the customary three. "The Tribunal on the other hand considers it to be beyond doubt that the regulation [providing for an education grant] refers to a scholastic year not exceeding twelve months."
Keywords:
allowance; education expenses; period;
Summary
Extract:
As the money [an education grant] was paid by mistake, prima facie it is recoverable. "But the extent to which recovery will be ordered depends on the circumstances of the case. In this case the Tribunal considers that it will be sufficient if the complainant repays half."
Keywords:
allowance; condition; education expenses; recovery of overpayment; unjust enrichment;
Judgment 486
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"It is to be noted that the change in the complainant's situation affected [statutory] entitlements [...] these are expatriate entitlements designed for recruits from abroad who will wish to maintain their contacts with the home country, the most important being grants for home leave and education. They are more freely available to officials in the P grades than to those in the GS."
Keywords:
allowance; consequence; education expenses; general service category; home leave; professional category; promotion; right;
Judgment 479
47th Session, 1982
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
The complainant draws an invalidity pension for an illness contracted when on a mission as a consultant. The rules provide for a bigger pension if a dependant's allowance had been payable. "A dependant's allowance would not have been payable to the complainant. His contract did not provide for one in addition to his salary or fee. [A] staff rule [...] excludes from the staff members entitled to a dependant's allowance short-term staff and consultants." The claim for an increase was rightly rejected.
Keywords:
allowance; contract; dependant; disability benefit; external collaborator; illness; service-incurred; short-term;
Judgment 472
47th Session, 1982
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The EPO contends that the purpose of the education allowance is to help in acquiring skills required for employment, but not in providing further training within a chosen profession. It also relies on the construction put on similar rules by the Commission of the European Communities. The Tribunal will not apply, even by analogy, rules which are in force in another international organisation. In any event, it is out of the question that the Tribunal should consider, as the complainant suggests, whether the Commission of the European Communities exceeded its authority in adopting [rules similar to the material provision]."
Keywords:
allowance; applicable law; education expenses; law of european communities; purpose; rule of another organisation;
Considerations 4, 7 and 8
Extract:
According to a statutory provision, an education allowance is payable for a child "regularly attending, on a full-time basis, an educational establishment." The purpose of the intensive language courses taken by the complainant's son was to provide "further instruction in a particular area, not in furtherance of general education, but solely to facilitate in practice the exercise of a profession." The fact that the studies lasted for six consecutive months does not alter the character of the studies. The school in question "can be regarded only as a college providing training for taking up employment." The allowance is therefore not payable.
Keywords:
allowance; condition; education expenses;
Judgment 463
46th Session, 1981
World Tourism Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 5-6
Extract:
The complainant did not submit a copy of his marriage certificate until one month after he was terminated. But the organization was aware of the fact that the complainant had a wife and child. The only material fact is that he is married, whatever the date on which he produced the required evidence. The application of a provision on family benefit is not relevant: the two matters are basically distinct. In the present case, the amount due should be calculated according to the rate provided for officials with dependants.
Keywords:
allowance; delay; dependant; disclosure of evidence; marital status; rate; terminal entitlements;
Judgment 462
46th Session, 1981
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"According to the Tribunal's present case law, an acquired right is a right the grant of which was of decisive importance to the staff member when he accepted an appointment with the organisation. [...] But the notion of acquired rights should be developed to take account of situations analogous to those which gave rise to the doctrine." Staff members should not be arbitrarily deprived of the right to an allowance provided for in the Rules.
Keywords:
acquired right; allowance; condition; definition; knowledge of languages;
Consideration 6
Extract:
The essential condition for continued payment of the allowance is continued proficiency. The method by which such proficiency is to be ascertained is not of the essence. The Director-General's changing the method does not constitute arbitrary deprivation of an acquired right.
Keywords:
acquired right; allowance; amendment to the rules; condition; knowledge of languages;
Consideration 5
Extract:
The possibility of obtaining a language allowance under certain conditions is not ordinarily a matter of decisive importance to a new recruit. It is therefore not an acquired right in the sense of the case law. A staff member may be said to acquire the right to the allowance under the terms of the rules in force at the time he earns it. Accordingly, the rules should not be changed so as to deprive officials of such a right arbitrarily.
Keywords:
acquired right; allowance; amendment to the rules; knowledge of languages; provision; staff regulations and rules;
Judgment 460
46th Session, 1981
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"[Benefits and allowances] appear to fall into two groups: a) benefits and allowances which are permanent or at least payable over a fairly lengthy period, such as the residence allowance, allowance for dependants, education benefit, expatriation allowance and language allowance; b) temporary benefits and allowances, payable for a limited period, such as the installation benefit, overtime pay [...] and pay for shift work".
Keywords:
allowance; difference; period;
Judgment 442
46th Session, 1981
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"As a rule an official's comments on his subordinates do not give them any right to compensation; otherwise supervisors would express only guarded opinions about their subordinates, and that would be harmful to the organisation's efficiency. The most that can be said is that when a supervisor expresses an opinion which he knows to be untrue for a purely malicious purpose he, or the organisation, will be liable."
Reference(s)
ILOAT Judgment(s): 404
Keywords:
allowance; application for review; consequence; difference; general principle; injury; liability; mistake of fact; organisation; purpose; right; supervisor; work appraisal;
Consideration 10
Extract:
In dismissing all the complainant's claims for relief, the Tribunal rejected by implication her claims for compensation for moral prejudice. It did not pass express comment on those claims nor state its reasons for dismissing them. This failure affords a valid ground for review.
Reference(s)
ILOAT Judgment(s): 404
Keywords:
admissible grounds for review; allowance; application for review; claim; grounds; moral injury; omission to rule on a claim; refusal;
Judgment 441
45th Session, 1980
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The International Patent Institute was integrated into the European Patent Organisation. The applicable provisions do not provide for the reimbursement of travel expenses. The abolition of the allowance, which was paid the complainant in the past and which was a considerable advantage for him, may have prompted him to accept his appointment. This suggests the breach of an acquired right. The complainant is entitled to the reimbursement of the cost of travel on home leave for himself and his family.
Keywords:
acquired right; allowance; amendment to the rules; discontinuance; home leave; merger; provision; refund; staff regulations and rules; terms of appointment; travel expenses;
Judgment 426
45th Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"An official [...] is not given an acquired right, i.e. a right of which he cannot be deprived by unilateral amendment, to every benefit conferred by his contract, but only to those which are fundamental. The right to salary and to the well-established allowances, such as those for dependants, is essentially a fundamental right. But this does not mean that every item making up the salary or allowance and every detail of the process by which it is calculated are to be deemed inviolate; or that minor benefits - what are sometimes called 'fringe benefits' - are to be treated as unchangeable features of a contract that may last for 30 years or more."
Keywords:
acquired right; allowance; family allowance; reckoning; salary;
Judgment 401
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"The organization's methods of calculating salary and related benefits are now so complicated as to leave many avenues open to exploration by anyone who, like the complainant, makes any serious attempt to understand the computation."
Reference(s)
ILOAT Judgment(s): 323
Keywords:
allowance; application for execution; reckoning; salary;
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 374
42nd Session, 1979
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"It is clear from the wording of [Judgment 306] that the 'one year's salary' to be paid in lieu of reinstatement is equivalent in the present instance to the salary which the complainant was receiving at the date when his appointment ended, i.e. the net salary which he was paid after deduction of tax at the source but including incidental allowances, and in particular post adjustment. There is no reason however to take account of any increment which he might have received had he remained on the staff."
Reference(s)
ILOAT Judgment(s): 306
Keywords:
allowance; amount; application for interpretation; definition; increment; material damages; net salary; post adjustment; salary;
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;
Consideration 7
Extract:
There is no acquired right to the amount and method of calculation of an indemnity; a staff member should expect amendments to be made. The reduction in the indemnity "does not infringe any right which was of decisive importance to [the complainants] in accepting appointment and which may be regarded as acquired. Moreover, there is no clause in their contract which even tacitly guaranteed them any such right."
Keywords:
acquired right; allowance; amendment to the rules; amount; reckoning; reduction of salary; terms of appointment;
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 12
Extract:
"It is an attractive idea that [the material rule] should be invoked only to the extent necessary to relieve the financial hardship. But that would mean a reimbursement and not an allowance. The object of an allowance is to settle in advance the difficult questions that often arise on reimbursement [...] and to let the staff member know from the first what he has to spend."
Keywords:
allowance; difference; purpose; refund;
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