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

Judgment No. 417

Decision

THE COMPLAINT IS DISMISSED.

Consideration 25

Extract:

"It is unnecessary to consider whether and to what extent, if at all, the Director-General could be made responsible for the acts or omissions of the Staff Pension Committee. What is quite clear is that he can have only a limited responsibility in its decisions."

Keywords

decision; liability; unjspf; staff pension committee; executive head

Consideration 19

Extract:

The Tribunal believes that the complainant was expressly excluded, by his contract of employment, from participation in the Pension Fund. An alteration in the contract could be made only by mutual consent. The Tribunal treats a letter addressed to the complainant as "an offer, which the organization was rightly confident would be accepted to remove the exclusion clause".

Keywords

organisation; amendment to the rules; contract; offer; pension; unjspf; participation excluded

Consideration 12

Extract:

"It is not necessary to decide that in all circumstances and for all purposes a notice of personnel action is part of the contract of employment. On the face of it is a summary in a convenient form of what a concluded contract contains. If the form contains provisions that are not in the concluded contract, the staff member could refuse to sign it as unacceptable. If he signs it as acceptable, it must depend on the circumstances whether or not any new matter is to be treated as supplementing the [...] contract and thus becoming part of it."

Keywords

amendment to the rules; contract; elements

Consideration 12

Extract:

The complainant received a form, summarising for the needs of the organisation the elements of his contract. The heading "Pensions" was marked "Not applicable". The complainant fulfilled the required conditions for participation in the fund; the Tribunal therefore considers that the expression in question could be justified only if participation was excluded by the contract. The existing contract was silent about pension rights. The expression is "only making explicit what is implied in the contract already executed."

Keywords

contract; pension; unjspf; participation excluded

Consideration 12

Extract:

A new provision as well as an [indirect] amendment to his contract allowed the participation of the complainant in a pension fund. He may not validate prior service because his earlier participation was specifically excluded under the terms of his contract of employment, such a situation having been provided for by the material provisions.

Keywords

amendment to the rules; contract; pension; unjspf; participation; participation excluded; validation of service

Consideration 5

Extract:

There was already a claim for compensation before the internal appeals body and there was no need to make a fresh one. The appeals body "had, without going into the merits, held the claim for compensation to be irreceivable. In Judgment no. 364 the Tribunal ruled that it was receivable. Accordingly, all that was necessary was for the [body in question] to resume the hearing and make a recommendation on the merits."

Reference(s)

ILOAT Judgment(s): 364

Keywords

receivability of the complaint; internal appeals body; judgment of the tribunal; case sent back to organisation; further submissions on the merits



 
Last updated: 20.04.2020 ^ top