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: 142
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Judgment 5196
141st Session, 2026
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the amount of moral damages awarded to him following the setting aside of a decision that was declared unlawful.
Judgment keywords
Keywords:
allowance; complaint dismissed; moral injury; receivability of the complaint;
Judgment 5068
140th Session, 2025
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the EPO’s decision to pay to his former wife, rather than to him, the dependants’ allowance for their two children.
Judgment keywords
Keywords:
allowance; complaint dismissed; dependant; dependent child;
Consideration 6
Extract:
[The] purpose [of the depedants' allowance] remains the same irrespective of who is paid it. It is to improve the situation of the children (see Judgment 1994, consideration 11).
Reference(s)
ILOAT Judgment(s): 1994
Keywords:
allowance; dependant; dependent child;
Judgment 5067
140th Session, 2025
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the EPO’s decision to reject his request to receive the dependants’ allowance in respect of his former wife and the household allowance in respect of his current partner.
Judgment keywords
Keywords:
allowance; complaint dismissed; submissions; writing style of submissions;
Judgment 5031
140th Session, 2025
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: La requérante conteste la réduction du montant de son indemnité forfaitaire de dactylographie calculée proportionnellement à la réduction de son temps de travail.
Judgment keywords
Keywords:
allowance; compensatory allowance; complaint dismissed;
Consideration 6
Extract:
[L]a requérante invoque une violation de son droit d’être entendue avant que la décision attaquée ait été prise.
Mais le Tribunal estime que, dans la mesure où la réduction du temps de travail de l’intéressée avait pour conséquence automatique une diminution proportionnelle du montant de son indemnité de dactylographie, le droit d’être entendu avant que n’intervienne la décision du 15 décembre 2022 ne trouvait pas à s’appliquer (voir, dans le même sens, le jugement 4591, au considérant 6).
Reference(s)
ILOAT Judgment(s): 4591
Keywords:
allowance; right to be heard;
Judgment 4958
139th Session, 2025
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants contest Eurocontrol’s implied decision to reject their request to be paid the flat-rate shift allowance in lieu of the ancillary remuneration currently paid to them for the shift work they perform.
Judgment keywords
Keywords:
allowance; complaint dismissed; overtime; rules of the organisation;
Consideration 8
Extract:
The complainants seek to avoid the consequences of Attachment 4 to Office Notice No. 20/06 by calling in aid the principle of clausula rebus sic stantibus. This Latin expression refers to a principle whereby a clause in a contract or treaty is to be treated as ineffective or inoperative because there had been a fundamental change in circumstances. Even if this principle permits the Tribunal to ignore express provisions in normative and statutory texts or treat their terms as modified, which may be doubted, the principle’s application depends on the complainants producing evidence of new, unforeseen circumstances, which would have required notional revision of the express provisions (see Judgment 1879, consideration 7(c)). In this matter, the complainants have singularly failed to do so.
Reference(s)
ILOAT Judgment(s): 1879
Keywords:
allowance; change of rules; overtime; rules of the organisation; written rule;
Judgment 4922
139th Session, 2025
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to close his complaint of moral harassment at the end of the preliminary assessment procedure.
Consideration 19
Extract:
[L]e rejet pour irrecevabilité opposé à tort au recours interne formé par l’intéressé contre la décision du 5 décembre 2016 devant le Conseil d’appel a porté atteinte à son droit de voir ce recours dûment examiné, ce qui lui a également occasionné un préjudice moral appelant réparation (voir, par exemple, les jugements 4167, au considérant 9, ou 3936, aux considérants 7 et 10).
Reference(s)
ILOAT Judgment(s): 3936, 4167
Keywords:
allowance; internal appeal; moral injury; procedural flaw;
Judgment 4921
139th Session, 2025
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests ESO’s decision not to apply the ceilings defined in its Staff Rules and Regulations to the cost-of-living differential of the monthly household and children’s allowances paid to him.
Consideration 3
Extract:
The foregoing submissions accord with the Tribunal’s case law, stated, for example, in consideration 3 of Judgment 4639, that it is a basic rule of interpretation that words are to be given their obvious and ordinary meaning and that words must be construed objectively in their context and in keeping with their purport and purpose, but that should an ambiguity remain in the relevant provision after this method of construction is applied, the regulations or rules of an international organisation must in principle be construed in favour of the interests of its staff and not those of the organisation itself. As the Joint Advisory Appeals Board (JAAB) correctly concluded, the Tribunal holds that the complainant’s submission that the abovementioned operative words in Annex R A 5, 5.03 of the Staff Rules and Regulations are clear and unambiguous. Those words defined the applicable ceiling for the cost-of-living differential for the complainant’s household and children’s allowances, which should have been reflected in the complainant’s payslips […].
Reference(s)
ILOAT Judgment(s): 4639
Keywords:
allowance; contra proferentem; interpretation of rules; staff regulations and rules;
Consideration 3
Extract:
ESO’s central submission to the effect that its unchallenged practice not to apply the ceiling expressly provided for in Annex R A 5, 5.03 to household and children’s allowances, applying thereto instead the full cost-of-living differential, since 2005 without objection from staff, does not appreciate that a practice, no matter how long-standing, cannot replace or derogate from the clear and unambiguous words of a rule. As the Tribunal has reiterated, in consideration 6 of Judgment 4026, a practice cannot become legally binding where it contravenes specific rules which are already in force.
Reference(s)
ILOAT Judgment(s): 4026
Keywords:
allowance; binding character; cost-of-living weighting; practice; written rule;
Judgment keywords
Keywords:
allowance; complaint allowed; complaint allowed in part; contra proferentem; cost-of-living weighting; interpretation of rules; practice;
Judgment 4821
138th Session, 2024
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who in 2019 claimed an allowance which he could have claimed as early as 2001, challenges the Organisation’s decision to pay the allowance with effect from only five years prior to the date of his claim.
Judgment keywords
Keywords:
allowance; complaint allowed; retroactivity; time bar;
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 ICC’s 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 General’s 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 years’ 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 Tribunal’s guidance, in Judgment 2988, consideration 4, [...] an organization’s 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 Organization’s 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 “progressively and where feasible”. 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-General’s 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 complainants’ 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 complainants’ income at a stable level. In the Tribunal’s view, this reasoning is in line with the Tribunal’s 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 Committee’s reasoning on this issue, the complainants’ 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:
“The 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 thereof”.
Contrary to the defendant organization’s 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 Tribunal’s 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 Tribunal’s 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;
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