UNDT/2023/051

UNDT/2023/051, Dia

UNAT Held or UNDT Pronouncements

Since the Applicant’s re-employment and new appointment occurred after 1 July 2007, his eligibility to participate in ASHI is contingent on his fulfilling the criteria laid out in sec. 2.1(a)(ii) of ST/AI/2007/3. Specifically, he is required to have been a participant in a contributory health insurance plan of the United Nations for a minimum of ten years.

Decision Contested or Judgment Appealed

The Applicant contests the decision to find him ineligible to participate in the Organization’s after-service health insurance plan (“ASHI”).

Legal Principle(s)

The Appeals Tribunal has upheld the position that “a staff member who is re-employed is treated ashaving a new appointment without regard to any period of former service. Periods of formerservice will be relevant only in cases enumerated in Staff Rule [4.18(c)] – terminationindemnity, repatriation grant or commutation of accrued annual leave […] ASHI is not one of the exclusions specified in Staff Rule [4.18(c)]”.

Outcome
Dismissed on merits
Outcome Extra Text

The record shows that following his re-employment, the Applicant was not a participant in such a contributory health insurance plan for a minimum of ten years prior to his retirement. He was only a participant during a period of service which amounted to 4 years and 29 days. As a result, the Tribunal finds that the Applicant does not satisfy the criteria for enrolment and, therefore, is not eligible to participate in ASHI.

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

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

Applicants/ Appellants
Dia
Entity
Case Number(s)
Tribunal
Registry Location :
Date of Judgment
Language of Judgment
Issuance Type