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 357
41st Session, 1978
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"A staff member who leaves the [organisation] is supposed to return to his home country and to use there the sum which he has received as compensation for accumulated annual leave. In calculating that sum, therefore, there are no grounds for taking account of benefits and allowances such as post adjustments, which have to be determined in the light of the cost of living at the duty station."
Keywords:
allowance; amount; commutation of accrued leave; criteria; separation from service;
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;
Judgment 328
39th Session, 1977
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainants claim benefits dependent on their having non-local status. WHO Staff Rule 280.7 sets a retroactive time limit of one year for such claims. The complainants knew what they were doing at the time of recruitment when they signed a modified appointment form in order to obtain their employment. The organization may have acted reprehensibly, but its conduct amounts neither to concealment nor to bad faith: the organization may therefore rely on the material provision.
Reference(s)
Organization rules reference: WHO STAFF RULE 280.7
ILOAT Judgment(s): 272
Keywords:
allowance; consequence; good faith; non-local status; non-retroactivity; organisation; receivability of the complaint; refund; time limit;
Consideration 3
Extract:
"If it can be established that the conduct of the organization was such as to conceal from the complainants in bad faith that they had the claims which they were now putting forward, then the organization could not in the opinion of the Tribunal rely upon the rule [which disallows requests for benefits more than twelve months from the date at which the initial payment would have been due]."
Keywords:
allowance; consequence; good faith; local status; non-local status; non-retroactivity; organisation; receivability of the complaint; refund; request by a party;
Judgment 319
39th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Non-local or international status carries with it certain benefits appropriate to the fact that the member has left his own country to live, presumably temporarily, in another. Such benefits are non-resident's allowance, education grants, home leave and travel allowances, etc."
Keywords:
allowance; non-local status;
Judgment 315
39th Session, 1977
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The clauses [of the letter of appointment] are clearly worded and formally establish that the salary stated in the contract was exclusive of any allowance, indemnity or additional sum of any kind. Hence the complainant may not claim a 'separation allowance' since none was provided for in his contract. In any case no such allowance existed at the time the contract was concluded."
Keywords:
allowance; complainant; contract; interpretation; right; salary;
Judgment 292
38th Session, 1977
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The provision on school fees "provides for an allowance and not the reimbursement of fees; it does not require proof of the amount actually spent".
Keywords:
allowance; condition; education expenses; evidence; refund;
Consideration 23
Extract:
"[T]he characteristic that distinguishes an allowance from a reimbursement is that the recipient of an allowance cannot, provided that the conditions for its receipt are fulfilled, be made to account for what he does with the money. It is in his discretion to spend it as he likes."
Keywords:
allowance; difference; refund;
Consideration 13
Extract:
The complaint seeks the refund of education expenses. "On [the first day of every month] the organisation, if the complainant is right, acted adversely towards him by failing to adopt the measure prescribed [...]. However, the time limit of three months, running backwards from the [date of] application [...] means that claims in respect of [earlier] payments are time-barred."
Keywords:
allowance; continuing breach; education expenses; injury; payment; receivability of the complaint; refund; time bar;
Judgment 270
36th Session, 1976
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
If the parents are separated, "payment of [the higher school]allowance is warranted where the child attends school away from the place of residence of the parent with whom he normally lives [...] if [...] the child attends school at the place of residence of the parent who has custody of him, that is a normal situation and there is no reason to pay the allowance at the higher rate. It is immaterial that the parents are separated and that, though living with his mother, the child is a dependant of the father. It is true that in the present case the child's maintenance is in general more costly to the father than it would be if father and son were living together. But that is a consequence not of the choice of school but of the separation of the parents, and the organisation cannot be held liable therefor."
Keywords:
allowance; amount; condition; dependent child; education expenses; parents separated; rate; residence;
Consideration 2
Extract:
The applicable provision provides for a lump-sum payment of travel expenses. "[T]he amount of expenses paid by the organisation will not vary, however often the staff member and his family travel each year from the duty station to the place of origin and whatever means of transport they use."
Keywords:
allowance; amount; refund; travel expenses;
Judgment 219
31st Session, 1973
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
The "provision [...] is applicable only to a staff member who has dependent children [...] It follows that the complainant is not entitled to an education allowance since he has no dependent children [...] The fact that he has not himself incurred the educational expenses of his children is a further reason why [the provision] is inapplicable to his case."
Keywords:
allowance; condition; dependent child; education expenses; right;
Consideration 2
Extract:
Vide Judgment 216, consideration 2.
Reference(s)
ILOAT Judgment(s): 216
Keywords:
allowance; condition; dependent child; family allowance; parents separated;
Judgment 216
31st Session, 1973
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Vide Judgment 219, consideration 3.
Reference(s)
ILOAT Judgment(s): 219
Keywords:
allowance; condition; dependent child; education expenses; parents separated; right;
Consideration 2
Extract:
The complainant recognises "that he is not entitled to an allowance as head of the family on account of the payments he makes on behalf of the children of his first marriage, who are in their mother's custody. It follows that he cannot claim the child allowance either, since the grant of both allowances depends on the fulfillment of the same condition."
Keywords:
allowance; condition; dependent child; family allowance; parents separated;
Judgment 138
22nd Session, 1969
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The authority in this case has refused to look into the facts of [the complainant's] case because of the self-imposed rule on itself that the maintenance of two households can under no circumstances entitle an expatriate employee to an educational grant. This in the judgment of the Tribunal was an error of law which entailed the non-exercise of a discretion."
Keywords:
allowance; case sent back to organisation; decision quashed; education expenses; flaw; marital status; parents separated; refusal;
Considerations
Extract:
"Circumstances could be envisaged in which significant additional expenses have been incurred solely for the education of the children in the home country when a household is maintained in that country for the school-going children. In international organisations where multicultural and multilingual employees are gathered from various parts of the world the possibility of such a situation should be expected. The Director-General could not therefore dismiss complainant's request on principle but should [...] taking into account all the circumstances of the case have exercised his discretion [...]."
Keywords:
allowance; education expenses; parents separated; place of origin; residence;
Judgment 123
20th Session, 1968
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
In approving the complainant's application for repatriation grant, the organisation misinterpreted the regulations. Its approval was conditional. The complainant had to prove that he had made definite travel arrangements, but did not do so. "[T]he [organisation] did not violate any law by withdrawing its approval, given in error, before any action had been taken upon it and before the stipulated proviso had been fulfilled, and without any costs having been incurred by the complainant."
Keywords:
acceptance; allowance; condition; flaw; mistake of law; travel expenses; withdrawal of decision;
Judgment 64
11th Session, 1962
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Since the complainant had been duly allowed to relinquish his duties in time to enable him to reach his recognised home by the effective date of his separation from service, it can only be for personal reasons that he postponed his departure after that date." He is not entitled to the additional salary he claims, but only to the per diem travel allowance.
Keywords:
allowance; amendment to the rules; compassionate leave; date; right; separation from service; travel expenses;
Judgment 51
8th Session, 1960
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The Staff Regulations [...] are approved by the Council and merely promulgated by the Director-General, whereas the Staff Rules are established by him. It follows that the provisions of the Regulations prevail over those of the Rules and that hence if the entitlement to the amount of the [...] allowance [...] was [...] an acquired right within the meaning of the Regulations, it should be treated as such even though not so recognised under the Rules."
Keywords:
acquired right; allowance; precedence of rules; staff regulations and rules;
Consideration 5
Extract:
"Salary and non-resident's allowance cannot be assimilated in every respect. Salary is the remuneration received by an official for his work, that is to say in direct consideration of the service he has rendered. On the other hand [...] the non-resident's allowance has a different object. In consequence a salary increase cannot be set off against a reduction of the allowance."
Keywords:
allowance; compensatory measure; flaw; increase; non-resident allowance; reduction of salary; salary;
Judgment 1
1st Session, 1947
League of Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"[T]he cost-of-living allowance is a voluntarily granted temporary supplement to the salary paid to the official as provided for in his contract or in the Staff Regulations, and this allowance was granted for one financial year only, [...] therefore the said allowance is not to be considered as forming part of the salary mentioned in [the Staff Regulations]".
Keywords:
acquired right; allowance; salary;
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