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Forfeiture of benefit (471,-666)

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Keywords: Forfeiture of benefit
Total judgments found: 6

  • Judgment 246


    33rd Session, 1974
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    the organization "is not bound to grant appointments in such terms as to confer on staff members maximum benefit from the fund. on the contrary, although it is of course required to take account of the legitimate interests of staff members on recruitment, in doing so it cannot overlook its own interests."

    Keywords:

    contract; fixed-term; forfeiture of benefit; organisation's duties; organisation's interest; participation; pension; staff member's interest; terms of appointment; unjspf;



  • 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;

    Consideration 5

    Extract:

    "...by causing the complainant serious loss which was not justified by the need to safeguard any interest of the [organisation] the director-general drew from the dossier conclusions which are clearly mistaken."

    Keywords:

    contract; fixed-term; forfeiture of benefit; injury; mistaken conclusion; non-renewal of contract; organisation's interest; pension; pension entitlements;



  • 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; fixed-term; forfeiture of benefit; negligence; non-renewal of contract; participation; unjspf;

    Considerations

    Extract:

    "...the complainant was deprived of full participation both by his own negligence and by an omission on the part of the organization. it is therefore proper to meet the complainant's claims in part by ordering the organization to pay the complainant from the date of his retirement half the amount of the pension to which he would have been entitled as a full participant in the joint staff pension fund."

    Keywords:

    complainant; complaint allowed in part; forfeiture of benefit; negligence; organisation; organisation's duties; participation; pension; unjspf;



  • Judgment 180


    27th Session, 1971
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    no terminal entitlements are payable if the person concerned receives benefits under a permanent pension scheme to which the organisation contributes. "...a pension must be defined as "permanent" within the meaning of [the applicable] text if its forfeiture depends solely on the free will of the beneficiary. if ... the complainant ... forfeits his present right to a pension by engaging in gainful employment, he does so of his own free will, a circumstance which does not affect the permanent character of the pension."

    Keywords:

    accumulation; consequence; forfeiture of benefit; pension; pension entitlements; terminal entitlements;



  • Judgment 165


    25th Session, 1970
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    when first appointed in march 1952, the complainant was not enrolled in the united nations joint staff pension fund. although this decision was not at the time notified, it was confirmed and notified by the letter of january 1957 which informed the complainant that he would become a member of the pension fund from the following month. the date of receipt of that letter was the date at which the statutory period began to run for the lodging of an appeal. filed in november 1968, the appeal was time-barred and the dismissing of the appeal was not tainted with illegality.

    Keywords:

    date of notification; decision; forfeiture of benefit; internal appeal; participation; receivability of the complaint; start of time limit; time bar; time limit; unjspf;



  • Judgment 164


    25th Session, 1970
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    when first appointed in may 1951, the complainant was not enrolled in the united nations joint staff pension fund. although this decision was not at the time notified, it was confirmed and notified by the letter of january 1957 which informed the complainant that he would become a member of the pension fund from the following month. the date of receipt of that letter was the date at which the statutory period began to run for the lodging of an appeal. filed in november 1968, the appeal was time-barred and the dismissing of the appeal was not tainted with illegality.

    Keywords:

    date of notification; decision; forfeiture of benefit; internal appeal; participation; receivability of the complaint; start of time limit; time bar; time limit; unjspf;


 
Last updated: 19.09.2019 ^ top