UNJSPF (440, 441, 442, 443, 444, 961, 445, 446, 447, 448, 449, 450, 451, 452, 453, 454, 455, 456, 457,-666)

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Keywords: UNJSPF
Total judgments found: 42

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• Judgment 4370

  
  131st Session, 2021
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant impugns the decision to retire him at the end of the month in which he reached the age of 62, even though he had not completed the five years of contributions required for the payment of a retirement pension by the United Nations Joint Staff Pension Fund.

  Consideration 10

  Extract:

  [T]he Tribunal notes that, “[a]lthough the [executive head of an organisation] is empowered to extend a staff member’s appointment [beyond the mandatory retirement age], he is in no case bound to do so. He may exercise that authority to allow an exception only in the interests of [the service], not in the exclusive interests of the staff member. In deciding on the complainant’s case he [has] to bear in mind the possibility that the complainant might obtain a pension, but that [is] only one fact to be taken into account among others” (see Judgment 358). The Tribunal further clarified in Judgment 4037, consideration 11, that “an international organisation’s duty of care towards its officials does not compel it to extend an official’s appointment for the sole purpose of enabling her or him to draw a pension from the UNJSPF”. An organisation is therefore not required to depart from the Staff Regulations in the sole interest of the complainant.

  Reference(s)

  ILOAT Judgment(s): 358, 4037
  

  Keywords:

  retirement age; unjspf;
  

  
  
  

• Judgment 4059

  
  127th Session, 2019
  International Organization for Migration
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision not to affiliate her to the United Nations Joint Staff Pension Fund.

  Judgment keywords

  Keywords:

  complaint dismissed; pension; unjspf;
  

  
  
  

• Judgment 4037

  
  126th Session, 2018
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the non-renewal of her temporary appointment.

  Consideration 11

  Extract:

  The Tribunal observes that, in this case, the complainant objects to the fact that the Organization did not allow her to reach the five years of contributions that would have entitled her to draw a retirement pension from the UNJSPF. However, as the Tribunal has already stated, an international organisation’s duty of care towards its officials does not compel it to extend an official’s appointment for the sole purpose of enabling her or him to draw a pension from the UNJSPF (see, for a comparable case, Judgment 3874, under 14).

  Reference(s)

  ILOAT Judgment(s): 3874
  

  Keywords:

  duty of care; pension; unjspf;
  

  
  
  

• Judgment 3874

  
  124th Session, 2017
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant claims that he has been deprived of his pension rights.

  Judgment keywords

  Keywords:

  complaint dismissed; pension; unjspf;
  

  
  
  

• Judgment 3741

  
  123rd Session, 2017
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainants challenge the decision to cease treating the service differential as pensionable remuneration.

  Judgment keywords

  Keywords:

  complaint dismissed; pensionable remuneration; unjspf;
  

  Consideration 13

  Extract:

  FAO knew from at least as early as November 2009 that the inclusion of an allowance such as the service differential that was not one of the recognized allowances in the UNJSPF Regulations as pensionable remuneration was under scrutiny. Additionally, under Article 3(a) of the UNJSPF Regulations FAO was obliged to comply with the Regulations and it risked having sanctions imposed or its membership in the UNJSPF terminated for violation of the Regulations if it did not act in a timely manner.

  Keywords:

  unjspf;
  

  Consideration 12

  Extract:

  [I]t is noted that at various places in their brief the complainants refer to the UNJSPF’s CEO “decision” and “interpretation”. However, it is clear that the decision taken by the UN General Assembly […] to amend the definition of pensionable remuneration which did not include the service differential allowance as pensionable remuneration is the decision that gave rise to the amendment of Staff Rule […. ].

  Keywords:

  pensionable remuneration; unjspf;
  

  
  
  

• Judgment 3546

  
  120th Session, 2015
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the principle of extending the active service of a staff member beyond the age of 65 and the terms thereof.

  Considerations 12-15

  Extract:

  "The Tribunal considers that the complainant has no cause of action entitling him to ask the Tribunal to order the ILO to reimburse the UNJSPF with the sums which it did not receive in respect of the extension of Ms D.’s appointment.
  It must first be noted that, contrary to his submissions, his status as an official participating in an individual capacity in the UNJSPF does not give him a cause of action in this respect, since the fact that contributions to the Fund were not made in respect of another official’s appointment has no impact on his own situation. The complainant cannot therefore legitimately claim such reimbursement by the Organization. Nor indeed would he be entitled to request that the official herself be ordered to repay sums which she might have received in error (see Judgments 2281, under 4(a) and(b), and 3206, under 20). The complainant’s reference to Judgment 1330, concerning a decision which, on the contrary, affected the pension rights of the complainants themselves, is of no relevance here.
  Neither can the complainant derive a cause of action, in this connection, from his status as a staff representative. Although he invokes the general interest in safeguarding the financial interests of the UNJSPF, or in ensuring that the Office’s governance rules are strictly observed, such an interest, however legitimate it might be, cannot in itself be regarded as one which the Tribunal is competent to protect.
  In addition, the contention that the benefits enjoyed by Ms D. during the disputed period might have jeopardized respect for other officials’ pension rights by compromising the financial equilibrium of the UNJSPF must plainly fail, having regard to the amounts in question and the size of the Fund’s budget.
  Since the Office’s special treatment of Ms D. does not have any direct and immediate impact on the terms of employment or the rights of other officials, the complainant has no standing to bring the above-mentioned claim in his capacity as a member of the Staff Union Committee (see, for cases raising similar issues, Judgments 3342, under 9 to 12, and 3343, under 2 to 5).
  For the same reasons, the complainant has no standing to bring that claim in his capacity as a participants’ representative in the ILO Staff Pension Committee, on which he likewise relies."

  Reference(s)

  ILOAT Judgment(s): 1330, 2281, 3206, 3342, 3343
  

  Keywords:

  cause of action; locus standi; unjspf;
  

  
  
  

• Judgment 3441

  
  119th Session, 2015
  United Nations Industrial Development Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The Tribunal found that UNIDO breached its duty of care, good faith and mutual trust to the complainant.

  Consideration 8

  Extract:

  [A]ll of these and other issues which call into question decisions that are made on the basis of the UNJSPF Regulations are irreceivable in the Tribunal as they fall within the exclusive jurisdiction of the United Nations Appeals Tribunal under UNIDO Staff Regulation 12.2(b).

  Keywords:

  competence of tribunal; ratione materiae; receivability of the complaint; unjspf;
  

  
  
  

• Judgment 3153

  
  114th Session, 2013
  World Meteorological Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant applies for interpretation and execution of Judgment 2861.

  Consideration 6

  Extract:

  "As the complainant was not reinstated, her employment relationship with WMO ended on 3 November 2006 and with her separation from service, her right to participate in the UNJSPF ended (see Judgments 1338, 1797 and 1904). Further, as also stated in Judgment 2621 under 5, 'had it been its intent the Tribunal would have specifically ordered the payment of an amount equivalent to the pension fund contributions that would otherwise have been paid by the [organisation]'."

  Reference(s)

  ILOAT Judgment(s): 1338, 1797, 1904, 2621, 3061
  

  Keywords:

  application for execution; application for interpretation; case law; contribution rate; contributions; judgment of the tribunal; organisation's duties; pension; reinstatement; unjspf;
  

  Judgment keywords

  Keywords:

  application for execution; application for interpretation; complaint dismissed; contribution rate; contributions; pension; unjspf;
  

  
  
  

• Judgment 3147

  
  113th Session, 2012
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Judgment keywords

  Keywords:

  complaint dismissed; pension; unjspf;
  

  
  
  

• Judgment 3145

  
  113th Session, 2012
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Judgment keywords

  Keywords:

  complaint allowed; illness; invalidity; service-incurred; unjspf;
  

  
  
  

• Judgment 2872

  
  108th Session, 2010
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  Application for execution of Judgment 2616.
  The complainant requested inter alia that the UNJSPF be made a party to the proceeding. The Tribunal rejected that request on the grounds that the UNJSPF is not subject to its jurisdiction.
  "In addition to his application for execution of Judgment 2616, the complainant asks that the UNJSPF be added as a co defendant in this proceeding and that it be held jointly responsible with UNESCO for the consequences stemming from the delay in payment of the pension benefits. This request is rejected. The UNJSPF is not subject to the Tribunal's jurisdiction and, therefore, cannot be made a party to this proceeding. As well, even if the Fund were subject to the Tribunal's jurisdiction, the proceeding concerns the execution of a judgment against UNESCO and not the Fund."

  Reference(s)

  ILOAT Judgment(s): 2616
  

  Keywords:

  co-defendant; competence of tribunal; iloat statute; unjspf;
  

  
  
  

• Judgment 2821

  
  107th Session, 2009
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 6 to 10

  Extract:

  The complainant was employed by the ILO from 16 June 1995 until 30 April 2004 under two temporary contracts which were extended several times and did not provide for pension coverage. On 1 May 2004 he was granted a fixed-term contract and acquired the status of an official of the Organization. On 1 August 2006 he filed a grievance, requesting that the above-mentioned period be validated for the purposes of affiliation to the United Nations Joint Staff Pension Fund.
  "The complainant did not challenge the content of [his temporary] contracts within the six-month time limit laid down for this purpose in the contracts themselves. It follows that he was manifestly no longer in a position, by the date on which he filed his grievance with the Organization, i.e. more than two years after the end of the period covered by his last contract, to challenge the provisions thereof."
  The Tribunal rejected the arguments on which the complainant relied to persuade it that this time limit was not applicable to him.

  Keywords:

  contract; date; extension of contract; fixed-term; internal appeal; official; participation; participation excluded; pension entitlements; receivability of the complaint; request by a party; short-term; status of complainant; time bar; time limit; unjspf; validation of service;
  

  
  
  

• Judgment 2362

  
  97th Session, 2004
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  "By virtue of successive short-term contracts and extensions thereof, [the complainant's] service lasted for four years. The series of extensions and the grant of pension coverage and other benefits did not signify a change in her original status. Staff Rule 3.5(a) [...] cannot be invoked by her as proof that her appointment had been converted to fixed-term. While this provision ostensibly bestows on her 'the terms and conditions of a fixed-term appointment', it would be stretching the intent and signification of the provision to make the complainant a fixed-term official (see Judgment 1666). Had that been the purpose of the Rule, it would have explicitly so provided instead of stating that 'the terms and conditions of a fixed-term appointment [...] shall apply to [the official concerned]'. The complainant was recruited as a short-term official and remained one at all times."

  Reference(s)

  Organization rules reference: Staff Rule 3.5(a) of the Rules Governing Conditions of Service of Short-Term Officials
  ILOAT Judgment(s): 1666
  

  Keywords:

  amendment to the rules; commutation; contract; evidence; extension of contract; fixed-term; fringe benefits; fund membership; interpretation; official; period; provision; purpose; short-term; staff regulations and rules; status of complainant; successive contracts; terms of appointment; unjspf;
  

  
  
  

• Judgment 2181

  
  94th Session, 2003
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  The complainant seeks the validation of her service, for pension purposes, of the period between 13 September 1978 and 14 November 1979. What emerges from Article 23 of the UNJSPF Regulations is that "staff members whose terms of appointment expressly excluded participation in the UNJSPF during the period of service preceding their participation cannot subsequently request the validation of that period of service. that was the case with the complainant [...] she could [...] have made use, at the time [...] of the appeal mechanisms established by the [organisation], to obtain a modification of the terms of her contracts, or to challenge the legality of [the] rule [which provided that staff members engaged under short-term contracts could not participate in the unjspf]. However, since she failed to do so in due time, she is hardly in a position to seek the annulment of her appointments of 1978 and 1979 more than 20 years later. Besides, the nature of those appointments can no longer be challenged. The argument that the complainant did not use the available means of appeal for fear of harming her career cannot be accepted. Moreover, her request for validation of service, which was submitted on 22 December 1999, must be considered to be time-barred."

  Keywords:

  contract; contributory service; fund membership; internal appeal; late appeal; participation excluded; receivability of the complaint; short-term; terms of appointment; time bar; time limit; unjspf; validation of service;
  

  
  
  

• Judgment 2089

  
  92nd Session, 2002
  European Molecular Biology Laboratory
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 16

  Extract:

  "To accept that pensions must always be adjusted to keep in line with post-retirement salary increases would be to expose pension funds to an uncertain and unmeasurable future liability which might well in the end wipe out the funds themselves."

  Keywords:

  acceptance; adjustment; discontinuance; increase; pension; pension adjustment system; retirement; salary; separation from service; special hazard; subsequent fact; unjspf;
  

  
  
  

• Judgment 1940

  
  88th Session, 2000
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "Insofar as the complainant is seeking to obtain a judgment from the Tribunal on the extent of his pension rights, it is clear that the decisions taken by the pension fund lie exclusively within the jurisdiction of the United Nations Administrative Tribunal and cannot be reviewed by this Tribunal."

  Keywords:

  competence of tribunal; iloat; pension; unat; unjspf;
  

  
  
  

• Judgment 1904

  
  88th Session, 2000
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Summary

  Extract:

  When the Tribunal gives an organisation the choice to either reinstate a complainant or pay damages, and the organisation chooses to pay damages, it does not have to pay the contributions of the pension fund or the staff health insurance.

  Keywords:

  allowance; contribution rate; contributions; health insurance; illness; insurance; judgment of the tribunal; material damages; pension; reconstruction of career; reinstatement; unjspf;
  

  
  
  

• Judgment 1797

  
  86th Session, 1999
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 12-13

  Extract:

  "The Organization pleads that it is under no duty to pay contributions for [the complainant] to the Pension Fund or to the staff health insurance plan and would have had such duty only if he had been reinstated [...]. The Tribunal ruled on a similar issue in Judgment 1338 [...], in which it held that its award [...] of damages equivalent to 'the amount of the salary, allowances and other entitlements [the complainant] would have received' had not required reinstatement in the Pension Fund or health insurance."

  Reference(s)

  ILOAT Judgment(s): 1338
  

  Keywords:

  allowance; application for execution; case law; contribution rate; contributions; enforcement; health insurance; insurance; judgment of the tribunal; organisation's duties; reinstatement; salary; social benefits; unjspf;
  

  
  
  

• Judgment 1636

  
  83rd Session, 1997
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 4

  Extract:

  Under dispute is a decision by the Secretary-General to hold new elections for staff representatives on the ITU's Staff Pension Committee. Although "the executive head took the impugned decision not on behalf of the pension fund but in the exercise of the authority he has, or believes he has, to act for the organisation" the Tribunal lacks jurisdiction because the case is about the Secretary-General's failure to observe Article 6 of the Regulations of the United Nations Joint Staff Pension Fund.

  Keywords:

  competence of tribunal; decision; election; fund regulations; staff pension committee; staff representative; tribunal; unjspf;
  

  
  
  

• Judgment 1245

  
  74th Session, 1993
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations 28-29

  Extract:

  "A duty does lie on the Agency to ensure that a staff member who qualifies should be made a participant in the [United Nations Joint Staff Pension] Fund, and the decision the Agency took [...] to exclude the complainant from participation in the Fund was based on several mistakes of fact and law [...]. Because the Agency committed those mistakes and failed in its duty to have the complainant readmitted in the fund [...] she is entitled to be put as far as possible in the position that she would be in now had she been readmitted to the Fund at the earliest available opportunity."

  Keywords:

  complainant; condition; judicial review; mistake of fact; organisation's duties; participation; unjspf;
  

  Consideration 19

  Extract:

  "The Tribunal is not competent to interpret the [United Nations Joint Staff Pension] Fund Regulations. It is for the Fund, and ultimately the United Nations Administrative Tribunal on Appeal, to determine whether the complainant is entitled to participate in the Fund under those regulations and, if so, as from what date."

  Keywords:

  competence of tribunal; interpretation; unat; unjspf; written rule;
  

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