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Judgment No. 4563

Decision

The complaints are dismissed.

Summary

The complainant challenges the decision to award him an invalidity allowance instead of an invalidity pension.

Judgment keywords

Keywords

general decision; invalidity; complaint dismissed

Consideration 1

Extract:

As the two complaints are based on the same material facts and raise the same issues of fact and law, they may be dealt with in one judgment and are therefore joined.

Keywords

joinder

Consideration 2

Extract:

The complainant requests oral proceedings and the hearing of witnesses. Pursuant to Article V of the Statute of the Tribunal, “[t]he Tribunal, at its discretion, may decide or decline to hold oral proceedings, including upon request of a party”. In this case, the Tribunal finds the written submissions to be sufficient to reach a reasoned decision. The Tribunal therefore rejects the request.

Keywords

oral proceedings

Consideration 7

Extract:

According to the Tribunal’s case law, complainants can impugn a decision only if it directly affects them, and cannot impugn a general decision unless and until it is applied in a manner prejudicial to them, but they are not prevented from challenging the lawfulness of the general decision when impugning the implementing decision which has generated their cause of action (see Judgments 3291, consideration 8, and 4119, consideration 4). However, a general decision can be immediately challenged where it does not require an implementing decision and immediately and adversely affects individual rights (see Judgment 3761, consideration 14).

Reference(s)

Jugement(s) TAOIT: 3291, 3761, 4119

Keywords

general decision

Consideration 12

Extract:

According to the Tribunal’s case law, a rule which concerns a long-term issue (such as pensions which last the remainder of the employees’ lifetimes) may be modified throughout the years. The changes in circumstances which may require the rule to be amended must be reasonable and the changes have to balance the interests of the employees and the Organisation. The interest of current and future employees who are not currently affected by the rule but shall be in the future is also to be taken into account by the Organisation. The question of the sustainability of pension schemes must be a primary concern to the Organisation and as such may naturally require adjustments to be made to the norm regulating pension schemes over time.

Keywords

general decision; cause of action; pension

Consideration 14

Extract:

The amount of compensation for unreasonable delay will ordinarily be influenced by at least two considerations: the length of the delay and the effect of the delay (see Judgment 4229, consideration 5). Recent case law holds that an unreasonable delay in an internal appeal is not sufficient to award moral damages. It is also required that the complainant articulate the adverse effects which the delay has caused (see Judgment 4396, consideration 12).

Reference(s)

Jugement(s) TAOIT: 4229, 4396

Keywords

delay in internal procedure

Consideration 16

Extract:

The range of procedural issues and other pleas raised by the complainant had no material effect on the outcome or are irrelevant. Accordingly, these other immaterial or irrelevant pleas need not be addressed (see Judgment 4487, consideration 13).

Reference(s)

Jugement(s) TAOIT: 4487

Keywords

claim



 
Dernière mise à jour: 27.09.2022 ^ haut