Contributory service (450,-666)

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Keywords: Contributory service
Total judgments found: 4

• Judgment 2181

  
  94th Session, 2003
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  The complainant seeks the validation of her service, for pension purposes, of the period between 13 September 1978 and 14 November 1979. What emerges from Article 23 of the UNJSPF Regulations is that "staff members whose terms of appointment expressly excluded participation in the UNJSPF during the period of service preceding their participation cannot subsequently request the validation of that period of service. that was the case with the complainant [...] she could [...] have made use, at the time [...] of the appeal mechanisms established by the [organisation], to obtain a modification of the terms of her contracts, or to challenge the legality of [the] rule [which provided that staff members engaged under short-term contracts could not participate in the unjspf]. However, since she failed to do so in due time, she is hardly in a position to seek the annulment of her appointments of 1978 and 1979 more than 20 years later. Besides, the nature of those appointments can no longer be challenged. The argument that the complainant did not use the available means of appeal for fear of harming her career cannot be accepted. Moreover, her request for validation of service, which was submitted on 22 December 1999, must be considered to be time-barred."

  Keywords:

  contract; contributory service; fund membership; internal appeal; late appeal; participation excluded; receivability of the complaint; short-term; terms of appointment; time bar; time limit; unjspf; validation of service;
  

  
  
  

• Judgment 358

  
  41st Session, 1978
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "Although the Director is empowered to extend a staff member's appointment to the age of 65, he is in no case bound to do so. He may exercise that authority to allow an exception only in the interests of the [organisation], not in the exclusive interests of the staff member. In deciding on the complainant's case he would have to bear in mind the possibility that the complainant might obtain a pension, but that was only one fact to be taken into account among others."

  Keywords:

  age limit; contract; contributory service; discretion; extension beyond retirement age; organisation's interest; pension; retirement; staff member's interest;
  

  
  
  

• Judgment 245

  
  33rd Session, 1974
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  "The complainant cannot properly take the [organisation] to task for appointing him without informing him of its general practice of not granting fixed-term appointments of more than five years' duration. It may of course be regrettable that he was not informed at the outset of that restriction, as new staff members [...] apparently now are. But since he should have expected his appointment to be terminated [...] he cannot found any claim on the omission which he attributes to [the organisation]."

  Keywords:

  contract; contributory service; duration of appointment; duty to inform; fixed-term; forfeiture of benefit; limits; negligence; non-renewal of contract; organisation;
  

  
  
  

• Judgment 230

  
  32nd Session, 1974
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  "When the complainant was reappointed [...] the officials of the organization did not realise that they were depriving him of the chance of becoming a full participant in the Joint Staff Pension Fund. In all likelihood, had they realised the consequences of their decision, they would have extended the period of the contract [...] without regard to the date of expiry of the project and so enabled the complainant to become a full participant."

  Keywords:

  contract; contributory service; extension of contract; fixed-term; forfeiture of benefit; negligence; non-renewal of contract; participation; unjspf;