Lirong Wang (Wang), an Austrian national, had for a period of time while residing
and working in Bangkok, Thailand, the benefit of an authorization from the
Secretary-General pursuant to Staff Rule 105.3(d)(iii) designating China as his country of
home leave. Furthermore, as he was residing and working outside of his home country,
he was entitled to the benefit of an education grant for his child, pursuant to the
provisions of Staff Rule 103.20(b).
2. (...) This requirement is underpinned by the contents of General Assembly
Resolution 49/241 which provides that “the repatriation grant and other expatriate
benefits are limited to staff who both work and reside in a country other than their home
country”.
Language:English
Score: 750311.23
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www.un.org/en/internalj...at/judgments/2011-unat-140.pdf
Data Source: oaj
Additionally, the receipt by the applicant of home leave benefits
from ESCAP while serving in Bangkok does not create a right to
home leave while serving in his country of nationality;
e. (...) In Judgement No. 703, Larsen (1995), the former UNAT found that staff
rule 105.3 (b) (i) clearly excludes from the home leave benefit those staff
members who reside in the country of which they are nationals. (...) In its resolution 49/241, the General Assembly reiterated its decision that
“the repatriation grant and other expatriate benefits are limited to staff who both
work and reside in a country other than their home country”.
Language:English
Score: 740904.6
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www.un.org/en/internalj...dt/judgments/undt-2010-132.pdf
Data Source: oaj
As such, she was not able to claim any
benefit or entitlement that may have arisen from her separation.
32. (...) Rather, the Applicant’s benefits and
entitlements were treated as if she was continuously employed by the
Organization.
33. (...) When asked about the benefits that the
Case No. UNDT/GVA/2016/082
Judgment No.
Language:English
Score: 727526.66
-
www.un.org/en/internalj...dt/judgments/undt-2017-040.pdf
Data Source: oaj
With effect from 1 June 2007 and until further notice a Currency Adjustment
Factor (CAF) will be introduced to the salaries in the West Bank and Gaza as follows:
(a) The amount of NIS obtained from converting the US Dollar or JD amount will be
protected by applying an artificial exchange rate reflecting the mid-point between the
base rate [the US/NIS exchange rate as of the last salary survey] and the market rate
established on the 10th day of each month;
(b) the Currency Adjustment Factor will be applicable to net take home pay.
(c) The Currency Adjustment Factor does not apply to Provident Fund and other
benefits.
2. (...) The exchange rate adjustment does not apply
to the Provident Fund and other benefits.
20. Following these guidelines, the CAF must be submitted to “salaries” and “net take
home pay”. (...) On the other hand, as allowances are not benefits, the Commissioner-General is not
prevented from applying the CAF.
Language:English
Score: 692639.06
-
www.un.org/en/internalj...at/judgments/2019-UNAT-911.pdf
Data Source: oaj
…
(c) A staff member subject to local recruitment under this rule shall not be eligible for
the allowances or benefits indicated under staff rule 4.5(a).
28. (...) Depending on
their type of appointment, the allowances and benefits available to internationally
recruited staff members, may include: payment of travel expenses upon initial
appointment and on separation for themselves and their spouses and dependent
children, removal of household effects, home leave, education grant and repatriation
grant.
(b) Staff recruited locally at a duty station for posts in the Professional and higher
categories at that specific duty station are considered internationally recruited but
would generally not be entitled to some or all of the allowances and benefits
mentioned in paragraph (a) above as determined by the Secretary-General.
29.
Language:English
Score: 686726.03
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www.un.org/en/internalj...at/judgments/2013-UNAT-325.pdf
Data Source: oaj
Likewise, the UNDT did not
consider the principles underlying education benefits, including the need to ensure
re-assimilation in home countries as provided for under Regulation 3.2(a). (...) As
her son is her dependent, she expected to pay these costs which included for tuition, boarding
and some travel from and to the family’s home at a UN location in another country.
56. The benefits flowing to a staff member of the United Nations in return for providing
his or her services (work) comprise not merely a base salary but a wider bundle of benefits
including salary but also other compensations depending on the circumstances of the
staff member and the role held. Those other benefits in the bundle include, by way of
example but not exclusively, the right to participate in a generous pension scheme, the
employer’s contributions to that pension scheme and, where a staff member living away from
his or her home country has dependent children of educatable age, assistance with the
costs attaching to that education.

Language:English
Score: 680350.7
-
www.un.org/en/internalj...t/judgments/2020-UNAT-1045.pdf
Data Source: oaj
At the time of the Applicant’s application, one of her sons, T., was in his
second year at the University of Bath in the United Kingdom and was receiving
boarding and travel related benefits since the 2016-2017 academic year.
4. Equally at that time, the younger son of the Applicant, C., was on the verge
of commencing university in September 2018 in the United Kingdom and was in
need of boarding assistance and travel related benefits starting with the 2018-2019
school year.
5. (...) Resolution 70/244 did not consider providing transitional measures for
boarding expenses, nor allowed the Organization to take steps to mitigate the effects
on the benefits provided in the past according to the former regulatory framework.
38. (...) The Appeals Tribunal concluded as follows on the possibility of the General
Assembly to modify staff members’ benefits and entitlements:
94. In the context of the United Nations system, the salary
entitlements of staff members are therefore statutory in nature and
may be unilaterally amended by the General Assembly.

Language:English
Score: 666298.54
-
www.un.org/en/internalj...dt/judgments/undt-2020-039.pdf
Data Source: oaj
UNDT/2010/057
i) On International Recruitment (Staff Rule 104.7):
• (a) Staff members other than those regarded under rule 104.6 as
having been locally recruited shall be considered as having been
internationally recruited. The allowances and benefits in general available
to internationally recruited staff members include: payment of travel
expenses upon initial appointment and on separation for themselves and
their spouses and dependent children, removal of household effects,
non-resident’s allowance, home leave, education grant and repatriation
grant (...)
• (c) A staff member who has changed his or her residential status in
such a way that he or she may, in the opinion of the Secretary-General, be
deemed to be a permanent resident of any country other than that of his or
her nationality may lose entitlement to non-resident’s allowance, home
leave, education grant, repatriation grant and payment of travel expenses
upon separation for the staff member and his or her spouse and dependent
children and removal of household effects, based upon place of home
leave, if the Secretary-General considers that the continuation of such
entitlement would be contrary to the purposes for which the allowance or
benefit was created. (...) UNDT/2010/057
and benefits from the date on which he or she acquires non immigrant
status

Language:English
Score: 665445.26
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www.un.org/en/internalj...dt/judgments/undt-2010-057.pdf
Data Source: oaj
The UNDT recalled that staff members’ rights to payment of their pension benefits
are determined exclusively under the Regulations of the UNJSPF and no deductions may be
made from the benefits due from the Pension Fund except for indebtedness to the Fund.
(...) Aliko’s
appointment with the purpose of arbitrarily depriving him and his family of the right to
benefit entitlements related to international staff, including home leave, education grant and
repatriation grant. (...) While the
beneficiaries and amounts of payments of pension benefits are determined by the UNJSPF
Regulations, the timing of the payment of pension benefits is determined by the operation of
ST/AI/155/Rev.2, where applicable.
Language:English
Score: 664733.15
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www.un.org/en/internalj...at/judgments/2015-UNAT-539.pdf
Data Source: oaj
THE UNITED NATIONS APPEALS TRIBUNAL
Judgment No. 2021-UNAT-1115
4 of 9
Kisangani site asking those whose services were no longer necessary to go home but
without it having any effect on their benefits and entitlements. (...) During that time
period, he received his full pay and benefits. Mr. Mampeta was never placed on any type of
leave, and he completed his FTA and separated upon expiration of his contract. Rather than
reduce the term of the contract, the Secretary-General opted instead to have those whose
services were no longer needed to go home, without it having any impact on their benefits
and entitlements.
21.
Language:English
Score: 658905.03
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www.un.org/en/internalj...t/judgments/2021-UNAT-1115.pdf
Data Source: oaj