2014-UNAT-465 | SYSTEM OF ADMINISTRATION OF JUSTICE

2014-UNAT-465, Gonzalez-Hernandez

UNAT Held or UNDT Pronouncements

As a preliminary matter, UNAT denied the Appellant’s request for an oral hearing. UNAT noted that UNJSPF correctly applied Article 45 of the UNJPSF Regulations and relied on an internationally binding judgment about spousal and child support, issued by an Austrian court, which was not contradicted by the divorce decree issued by a Portuguese court. UNAT found no error of law or fact such as to vitiate the contested decision and upheld UNJSPF’s “reasoned and well-founded decision.” UNAT dismissed the appeal and upheld the UNJPSB decision.

Decision Contested or Judgment Appealed

The Applicant contested the decision of the Chief Executive Officer (CEO) of UNJSPF to deduct 50 per cent of his monthly pension benefit for payment directly to his former spouse, in accordance with Article 45 of the UNJSPF Regulations. The Standing Committee (or UNJPSB) affirmed the decision of UNJSPF.

Legal Principle(s)

An appeal before UNAT, submitted against a decision adopted by the Standing Committee of the Pension Board, can only succeed if it is found that the UNJPSF Regulations were not observed.

Outcome

Appeal dismissed on merits

Outcome Extra Text

No relief ordered

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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

Gonzalez-Hernandez

Entity

UNJSPF

Case Number(s)

2013-536

Tribunal

UNAT

Registry Location :

New York