2013-UNAT-348 | SYSTEM OF ADMINISTRATION OF JUSTICE

2013-UNAT-348, Sidell

UNAT Held or UNDT Pronouncements

UNAT noted that: the Sidells were negligent in not reporting their marriage before their separation from service; Mr Sidell notified UNJSPF in October 2003 of his marriage to Mrs Sidell and UNJSPF requested him to provide his original marriage certificate, which he did; and UNJSPF did not follow up with Mr Sidell about the matter. UNAT held that UNJSPF, by remaining silent, created a reasonable expectation on the part of the Sidells that Mr Sidell’s pension record was corrected and that his marriage to Mr Sidell was recognised by UNJSPF. UNAT held that, in the circumstances, it was unreasonable to deny the widow her entitlements. UNAT allowed the appeal, set aside the decision of the Standing Committee of the UNJSPB and ordered UNJSPF to pay Mrs Sidell her widow’s benefit.

Decision Contested or Judgment Appealed

Mrs Sidell contested the decision not to pay her a widow’s benefit. The Standing Committee of the UNJSPB upheld the decision, noting that participants report their dependants prior to separation from service and there were no exceptional circumstances to justify any deviation from that requirement.

Legal Principle(s)

In certain circumstances, silence by the Administration may create a reasonable expectation that action has been taken.

Outcome

Appeal granted

Outcome Extra Text

Only financial compensation; Only financial compensation.

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full Judgment

Applicants/ Appellants

Sidell

Entity

UNDP

Case Number(s)

2012-391

Tribunal

UNAT

Registry Location :

New York