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Article 28

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    • Showing 1 - 3 of 3

    2023-UNAT-1389, Maryam H. Wathanafa

    Non-renewal Reason(s) Procedure (first instance and UNAT) Case management

    The UNAT considered an appeal by the staff member.

    The UNAT found that the UNDT had not erred in fact when it had not considered separation on retirement, mentioned in the separation notice, to be the reason for the contested decision; the mention of retirement had no import on the staff member’s separation. The UNAT was of the view that the letter informing her of the expiry of her fixed-term appointment was in line with the abolition of the post she encumbered.

    The UNAT noted that judicial review in the context of suspension of action is different from the review conducted by the Tribunal...

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    2023-UNAT-1323, Elena Korotaeva

    Definition Termination indemnities United Nations Joint Staff Pension Fund (UNJSPF) Administrative decision TEST -Rename- Benefits and entitlements-45

    The UNAT dismissed the appeal.

    The UNAT first held that the UNDT erred in law in retroactively applying WMO Staff Rule 193.3(c) when it examined her right to a termination indemnity. At the time the impugned decision was taken, only the 2019 WMO Staff Regulations and Rules were in force and should have been applied. The UNDT made an error in applying the 2020 law based on the Secretary-General’s submission of the wrong version of the WMO Regulations and Rules to the UNDT.

    The UNAT affirmed the UNDT's finding that the Administration’s response to a request for management evaluation is not a...

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    2010-UNAT-034, Muthuswami et al.

    TEST -Rename- Benefits and entitlements-45 Pension (see also, UNJSPF) United Nations Joint Staff Pension Fund (UNJSPF) Standing Committee of UNJSPB (UN Joint Staff Pension Board)

    UNAT noted that the Appellants did not refer to any article of the Regulations that provides that the full retirement benefit may be restored after a participant opts to commute a portion of the retirement benefit into a lump sum. UNAT held that the Appellants were bound by their decision to accept one-third of their pension as a lump sum and a reduced pension. UNAT held that the Appellant’s decision could not simply be reversed. UNAT rejected the argument that the Appellants had been discriminated against and that their basic fundamental rights concerning equity, fairness, and justice under...

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