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Validation of service (454,-666)

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Keywords: Validation of service
Total judgments found: 7

  • Judgment 2821


    107th Session, 2009
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 6 to 10

    Extract:

    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.

    Keywords:

    contract; date; extension; fixed-term; internal appeal; international civil servant; participation; participation excluded; pension entitlements; receivability of the complaint; request by a party; short-term; status of complainant; time bar; time limit; unjspf; validation of service;



  • Judgment 2263


    95th Session, 2003
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "The question to be resolved is that of whether, for the purposes of service order No. 99 [which defines the conditions and formalities governing the granting of a personal promotion], the period in excess of the 12-month maximum duration stipulated for short-term contracts should be taken into account in calculating the 18 years of continuous service. The answer is necessarily affirmative. [...] Once [the first 12-month period] had elapsed, the complainant must be considered to have been in service [...], even in the absence of a provision to that effect and taking into account the contracts he was granted thereafter. Regarding the [one month] break in service which occurred [subsequently], it is necessary to establish whether this prevented the complainant from completing the 18 years of continuous service [...] The Tribunal considers that it did not. The evidence on file, and particularly an affidavit produced by the complainant as an annex to his written submissions, shows that the break imposed on the complainant was justified only by the fact that he was employed under short-term contracts. since the Tribunal has determined that the complainant must be deemed to have been in service from 17 November 1982 onwards, the break in question must be viewed as a period of leave."

    Reference(s)

    Organization rules reference: SERVICE ORDER No. 99

    Keywords:

    complaint allowed; complaint allowed in part; continuance of operations; contract; duration of appointment; fixed-term; interpretation; leave; no provision; personal promotion; promotion; reckoning; seniority; short-term; successive contracts; unpaid leave; validation of service;



  • 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 900


    64th Session, 1988
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    the complainant was employed by the credit union and became a staff member of the fao after the union became a part of that organization. he seeks to have his prior service with the credit union validated under the pension fund. the tribunal holds that in the circumstances of the case "his prior service with the union would not count except for within-grade increments. the union was not a member of the united nations joint staff pension fund and he had no entitlement to revalidation of his past service with the union."

    Keywords:

    fund membership; pension; status of complainant; unjspf; validation of service;



  • Judgment 473


    47th Session, 1982
    European Organisation for the Safety of Air Navigation
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 2 and 3

    Extract:

    the request to repay pension contributions, made on the basis of a new national law, "runs counter to the express provisions of the staff regulations. to qualify under the provisions relating to the repayment of contributions, the transfer must be made when the official becomes established". the complaint is time-barred. municipal law "cannot in itself give rise to rights enforceable against an international organisation nor retroactively lay obligations on it."

    Keywords:

    applicable law; domestic law; pension; pension entitlements; request by a party; staff regulations and rules; validation of service;



  • Judgment 445


    46th Session, 1981
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    the complainant maintains that the fact of his having begun the probationary period at the beginning of his consultancy contract conferred on him the right to participation in the pension fund. but the probationary period and pensionable service do not necessarily coincide. the complainant was treated as a probationer from the material date because a provision of the staff rules stipulated that service prior to appointment could be credited towards completion of probation. the provision does not rule out application of the rule disqualifying a consultant for participation in the fund.

    Keywords:

    contract; external collaborator; participation; period; probation; right; unjspf; validation of service;

    Consideration 2

    Extract:

    the complainant maintains that his provisional acceptance of employment as a consultant was based on statements by three officials who acknowledged is right to participate in the pension fund from that time. there is no evidence of such statements. "the complainant has all the less reason to object to the absence of proof because at the material time the statements were made, it was open to him to ask the three officials to confirm in writing what they had said."

    Keywords:

    lack of evidence; participation; promise; unjspf; validation of service;

    Summary

    Extract:

    the complainant was first employed under various contracts with the organization before becoming an official. his several periods of service were made pensionable with the exception of a few months spent working as a consultant. in accordance with the staff rules, consultants who are appointed for periods not greater than eleven months are barred from participating in the pension fund. up to 1972, periods of consultancy service could not be validated for pension fund purposes. the complainant's services as a consultant may not be counted as pensionable.

    Keywords:

    confirmation of appointment; contract; external collaborator; pension; successive contracts; validation of service;



  • Judgment 417


    44th Session, 1980
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    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; participation; participation excluded; pension; unjspf; validation of service;


 
Last updated: 12.08.2019 ^ top