The UNAT dismissed the Secretary-General’s appeal and granted Mr. Rolli’s cross-appeal in part. The UNAT found that the rescission of the termination decision ordered by the UNDT was “pointless” since by the time the case had reached the UNDT, Mr. Rolli’s post had been abolished. The UNAT accordingly held that in these circumstances, compensation had to fall under Article 10(5)(b) and be for harm caused by the unlawful decision. The harms he suffered included the loss of his remuneration and benefits (education and pension entitlements), the specific losses resulting of his ceasing to be...
Article 29(e)
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Duty of mitigation
In-lieu compensation
Maximum amount / exceptional circumstances
Pecuniary (material) damages
Legal representation
Compensation (see also, Compensation)
Rescission
Specific performance
Termination of appointment (see also, Termination of appointment)
Summary dismissal
Compensation
Legal services (OSLA or other) and self-representation
Remedies
Separation from service
Termination (of appointment)
TEST -Rename- Benefits and entitlements-45
Pension (see also, UNJSPF)
United Nations Joint Staff Pension Fund (UNJSPF)
UNAT held that the Standing Committee correctly determined that the applicable rules provide that the pension participant is required to inform UNJPSF in writing of the benefit election made and of any commutation elected and that there was no provision for third party advisement. UNAT held that the Standing Committee’s reliance on Article 30(b) of the UNJSPF Regulations as a rationale for its finding that a deferred retirement benefit became payable to Ms. Assebe upon her separation from service was flawed on the basis that she did not elect for a deferred retirement benefit. UNAT held that...