Judgment No. 3213

• Organization: European Patent Organisation (EPO)
• Date: 04.07.2013
• Original: English
• Judges: Barbagallo, Moore, Rawlins
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

The complainant impugns the decision not to grant her a survivor's pension for her dead husband.

Consideration 7

Extract:

"International organisations have a duty of care towards their employees and must provide clear rules and regulations as well as clarifications of such when requested, but they cannot be solely responsible for every situation stemming from confusion regarding said rules. Employees are also charged with the duty to inform themselves, and to request clarification when necessary so that the system can work efficiently to the best advantage of both the Organisation and the staff members either as a group or individually (see, for example, Judgment 2997, under 6)."

Reference(s)

ILOAT Judgment(s): 2997

Keywords

organisation's duties; staff regulations and rules; pension; pension entitlements; staff member's duties; duty of care

Consideration 9

Extract:

"The Tribunal [...] does not have the power to award pensions outside of the Pension Scheme Regulations, nor is it appropriate for the Organisation to award a recurring “gift” under Article 87 of the Service Regulations, mirroring a pension."

Reference(s)

Organization rules reference: Article 87 of the Service Regulations

Keywords

competence of tribunal; pension; pension entitlements

Judgment keywords

Keywords

successor; survivor's benefit; complaint dismissed