Judgment No. 2821
The complaint is dismissed.
Considerations 6 to 10
The complainant was employed by the ILO from 16 June 1995 until 30 April 2004 under two temporary contracts which were extended several times and did not provide for pension coverage. On 1 May 2004 he was granted a fixed-term contract and acquired the status of an official of the Organization. On 1 August 2006 he filed a grievance, requesting that the above-mentioned period be validated for the purposes of affiliation to the United Nations Joint Staff Pension Fund.
"The complainant did not challenge the content of [his temporary] contracts within the six-month time limit laid down for this purpose in the contracts themselves. It follows that he was manifestly no longer in a position, by the date on which he filed his grievance with the Organization, i.e. more than two years after the end of the period covered by his last contract, to challenge the provisions thereof."
The Tribunal rejected the arguments on which the complainant relied to persuade it that this time limit was not applicable to him.
status of complainant; receivability of the complaint; internal appeal; time limit; time bar; contract; extension of contract; fixed-term; short-term; unjspf; participation; participation excluded; validation of service; pension entitlements; date; request by a party; official
The Tribunal is fully aware that Iraq’s isolation during the period in question due to the international embargo imposed on the country and the wars in which it was involved might have made it difficult for the complainant to obtain information about the law applicable within the Organization.
duty to be informed; ignorance of the rules; duty to know the rules