ILO is a specialized agency of the United Nations
ILO-en-strap
Site Map | Contact français
> Home > Triblex: case-law database > By thesaurus keyword > unjspf

Judgment No. 3741

Decision

The complaints are dismissed, as are the applications to intervene.

Summary

The complainants challenge the decision to cease treating the service differential as pensionable remuneration.

Judgment keywords

Keywords

unjspf; pensionable remuneration

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

unjspf; pensionable remuneration

Consideration 13

Extract:

[I]t is well settled in the Tribunal’s case law that an organization has a duty to verify the lawfulness of a decision of an external authority before incorporating that decision into its own legal order (see Judgment 2420, under 11, and the case cited therein).

Reference(s)

ILOAT Judgment(s): 2420

Keywords

general decision

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



 
Last updated: 26.04.2017 ^ top