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Judgment No. 80

Decision

THE COMPLAINT IS DISMISSED.

Consideration 1

Extract:

The Staff Regulations of the organisation and the regulations for its staff superannuation and benevolent funds expressly recognise the Tribunal's competence. "Since the present complaint emanates from a former official of [the organisation] and concerns the settlement of her pension rights, the Tribunal is competent to hear it."

Keywords

locus standi; status of complainant; receivability of the complaint; competence of tribunal; retirement; pension; pension entitlements

Consideration 5

Extract:

Decisions of a general nature "could be contested before the Tribunal only within the period of 90 days specified in Article VII, paragraph 2, of the Statute of the Tribunal [...]. The said decisions were not contested within the required time; they became final so far as the complainant is concerned and irrevocably modified, prior to the date on which her pension rights were settled, both the terms of her contract of appointment and the regulations applicable in her case."

Reference(s)

ILOAT reference: ARTICLE VII, PARAGRAPH 2, OF THE STATUTE

Keywords

complaint; general decision; receivability of the complaint; time limit; time bar; staff regulations and rules; amendment to the rules; provision; pension; pension entitlements

Consideration 4

Extract:

Far from citing any non-compliance with the texts in force on the date when her pension became payable, "the complainant asserts that the impugned decision is illegal in that it makes her subject to a system which alters the balance of contractual obligations with respect to her and infringes the conditions which induced her to accept service with [the organisation]". She therefore challenges the validity of the applicable regulations with respect to the conditions of her appointment and the legality of the decision by virtue of which these decisions were made applicable to her individually.

Keywords

acquired right; staff regulations and rules; amendment to the rules; provision; terms of appointment; pension; pension entitlements



 
Last updated: 22.09.2017 ^ top