2010-UNAT-003

2010-UNAT-003, Frechon

UNAT Held or UNDT Pronouncements

In considering the Appellant’s appeal, UNAT found that the Standing Committee could not reject the request unless it disregarded the provisions of Article 33(a) of the UNJSPF Regulations. However, UNAT noted that it was not in a position to rule on the actual possibility for the Appellant to perform the duties of her respective position and held that the Standing Committee should reconsider the Appellant’s request. UNAT rescinded the Standing Committee’s decision and remanded the Appellant’s request to the Standing Committee for review.

Decision Contested or Judgment/Order Appealed

UNJSPB decision: The Applicant requested a disability benefit under Article 33(a) of UNJSPF Regulations. The UNJSPB Standing Committee rejected her request, noting that the inability to use a computer keyboard was not reasonably incompatible with the Applicant’s continued performance of her duties.

Legal Principle(s)

When assessing the reasonable compatibility of service in a member Organisation with a staff member, who is suffering from a permanent or long-term impairment and requesting disability benefits, the staff member’s state of health and duties performed by the staff member on the date of their separation, or at least duties commensurate with his or her education and professional qualifications, must be considered.

Outcome

Appeal granted

Outcome Extra Text

No relief ordered; No relief ordered.

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Full Judgment

Applicants/Appellants

Frechon

Entity

Case Number(s)

Tribunal

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