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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...

The UNAT dismissed the appeal. The UNAT held that the UNDT correctly found not receivable Ms. Raschdorf's application with respect to the non-renewal decision and the ABCC’s decision given Ms. Raschdorf's failure to request management evaluation.  The UNAT found that contrary to Ms. Raschdorf's contention, the non-renewal decision was not taken subsequent to advice from a technical body. As to the ABCC's decision on whether the claim was time-barred, the UNAT found that that decision was not based on a consideration of a medical evaluation but was concerned with the timeliness of the...

Whether the Applicant had a right of return A Human Resources Factsheet, issued for Umoja users, provides that at the end of a loan period, the staff member concerned is expected to return to the Secretariat unless he/she resigns his/her Secretariat position to transfer to the receiving organization. Such practice has been clearly confirmed by the Appeals Tribunal in Iskandar (see Iskandar 2012-UNAT-248). Accordingly, while the Applicant’s lien on his former post may have been surrendered in accordance with the Administration’s decision of 9 September 2009, he retained a return right to OCHA...

UNAT held that Mr. Ergüden’s decision when he elected to be on the local-currency track was irreversible unless the pre-conditions as set out in Paragraph 31(b) and 38(e) of the PAS were met. UNAT held that Mr. Ergüden did not meet those pre-conditions and that, as the decision of the Standing Committee was in observance of these provisions, there was no basis to grant Mr. Ergüden the right to revert to the USD track. UNAT held that there was no proper basis to compel the Chief Executive of Pension Administration to suspend Turkey from the two-track system. UNAT dismissed the appeal and...

UNAT considered that at the time of the elections, there was no law that prevented the staff members from being elected to the UNSPC once they met the prerequisites for election, which they did. UNAT held that both staff members were duly elected members of the UNSPC and that as a direct consequence of their election, they had the same rights and privileges as other elected members, and which could not be restricted or denied. UNAT granted the appeals and ordered that the staff members be given access to all relevant Pension Board documents and be allowed to participate and function as an...

UNAT noted that the Appellant was asked to present updated medical information to support her request for a review of her case and failed to do so. UNAT held that no prejudice existed against the Appellant, since she had an opportunity to present updated medical evidence within the scope of the review of her case. UNAT dismissed the appeal and affirmed the Standing Committee decision.

UNAT affirmed the UNJSPB’s decision denying the staff member’s request for restoration of her first participation period. UNAT found that the amended Article 24 of the UNJSPF’s Regulations only allowed for restoration of a participant’s most recent period of contributory service and that the staff member had requested restoration of a participation period which was not the most recent one.

UNAT confirmed the UNJSPB’s interpretation of Article 24 of the Regulations to the effect that the 2007 amendment to Article 24 of the UNJSPF Regulations only applies to staff members who prior to 2007 had been ineligible to restore previous contributory service. UNAT held, therefore, that the amended Article 24 did not apply to the staff member as he had been eligible to restore previous contributory service but had failed to do so in a timely manner.

The former staff member appealed and UNAT considered whether he could compel UNICEF to pay to the Fund its contribution without making the corresponding contribution himself. UNAT found that, as the former staff member’s secondment was with the World Bank, he should have availed himself of the provisions of Article 13 of the UNJSPF Regulations relating to the transfer of pension rights and he failed to do so. Under these circumstances, UNAT noted that if the former staff member made his own contribution to the Fund, UNICEF would have been duty-bound to make its corresponding contribution...

UNAT considered the Appellant’s appeal and had to determine: whether her marriage to the late former staff member was legally valid at the time of his separation from the Organisation in 1998; and whether the Organisation created a legal expectancy of acknowledgement of benefits to the Appellant. UNAT found that the former staff member’s alleged divorce from his first wife was not legally valid because the authorities pronouncing it were not competent and did not apply the law under which the marriage had been concluded. It follows that his second marriage to the Appellant was not valid at the...