����AV

UNAT held that there was no merit to the Respondent’s argument that the existence of official CPI data for Argentina of itself rendered the Standing Committee impotent as far as a consideration of the Appellant’s request. UNAT held that the matters could be raised by UNJSPF of its own volition or where a concerned beneficiary applied for the application of paragraph 26. UNAT held that the Respondent’s arguments that the Appellant’s complaint had been dealt with by historical benefits that accrued to him were unpersuasive. UNAT held that the impugned decision was, in effect, a failure by the...

UNAT determined that by refusing to review the staff member’s request, the UNJSPB had failed to properly exercise its jurisdiction pursuant to paragraph 26 of the PAS, whose very purpose “is to address the issue of whether the application of official Consumer Price Index (CPI) data results in ‘aberrant results’ or the situation where no up-to-date CPI data is available”. UNAT upheld the appeal, vacated the decision of the Standing Committee of the UNJSPB to reject the staff member’s request that the UNJSPF discontinue the local track in application of paragraph 26 of the PAS, and remanded the...

UNAT held that there was nothing arbitrary about the impugned decision of the Chief Executive Officer (CEO), UNJSPF, as it was based on reports by the Executive Board of the International Monetary Fund between July 2011 and February 2013. UNAT held that good reason had been established for the CEO to decide on 31 July 2011 as the proper date for the suspension of the two-track system in Argentina, notwithstanding that there were previous statements regarding the reliability of the consumer price index (CPI) data in Argentina. UNAT held that it was satisfied that such a decision was a proper...