����AV

The Tribunal found that it is incumbent on the Organization to pay home leave travel expenses only for children who are declared and recognized as dependants of the staff member with whom they travel. Family members eligible for home leave travel: Staff rule 5.2(j), which provides that “[d]ependent children whose parents are staff members, each of whom is entitled to home leave, may accompany either parent”, must be interpreted in conjunction with staff rules 7.1 and 7.2. In doing so, it becomes clear that the Organization covers only the home leave travel expenses regarding children recognized as dependants of the staff member whom they accompany. For a child to have the possibility to accompany one parent or the other, he or she must be recognized as dependant of both staff members. Previous analogous errors: The fact that the Administration has mistakenly taken a different decision on previous occasions does not create any right for the staff member, given that the Administration must put an end to such errors. Discrimination: The interpretation made of the relevant staff rules does not entail any discrimination of children of non-married staff members. Indeed, all dependent children are treated in the same manner, that is, they may travel on home leave at the Organization’s expenses with a parent who recognized them as their dependants.