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Retirement age (869,-666)

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Keywords: Retirement age
Total judgments found: 5

  • Judgment 4370


    131st Session, 2021
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant impugns the decision to retire him at the end of the month in which he reached the age of 62, even though he had not completed the five years of contributions required for the payment of a retirement pension by the United Nations Joint Staff Pension Fund.

    Consideration 10

    Extract:

    [T]he Tribunal notes that, “[a]lthough the [executive head of an organisation] is empowered to extend a staff member’s appointment [beyond the mandatory retirement age], he is in no case bound to do so. He may exercise that authority to allow an exception only in the interests of [the service], not in the exclusive interests of the staff member. In deciding on the complainant’s case he [has] to bear in mind the possibility that the complainant might obtain a pension, but that [is] only one fact to be taken into account among others” (see Judgment 358). The Tribunal further clarified in Judgment 4037, consideration 11, that “an international organisation’s duty of care towards its officials does not compel it to extend an official’s appointment for the sole purpose of enabling her or him to draw a pension from the UNJSPF”. An organisation is therefore not required to depart from the Staff Regulations in the sole interest of the complainant.

    Reference(s)

    ILOAT Judgment(s): 358, 4037

    Keywords:

    retirement age; unjspf;

    Consideration 12

    Extract:

    [I]nsofar as the impugned decision merely applies the normal rule of mandatory retirement for staff members who have reached the age limit, it cannot be considered that such a decision involves a misuse of authority or that it constitutes a measure which discriminates against the complainant.

    Keywords:

    abuse of power; discrimination; misuse of authority; retirement age;

    Judgment keywords

    Keywords:

    complaint dismissed; retirement age;

    Consideration 8

    Extract:

    [I]t should be borne in mind that the Tribunal has consistently held that a decision to retain an official beyond the normal retirement age is an exceptional measure over which the executive head of the organisation exercises wide discretion and which is subject to only limited review by the Tribunal (see, for example, Judgment 3884, consideration 2).

    Reference(s)

    ILOAT Judgment(s): 3884

    Keywords:

    discretion; retirement age;



  • Judgment 4254


    129th Session, 2020
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR
    Summary: The complainant challenges the decision not to extend his appointment beyond the statutory retirement age.

    Consideration 3

    Extract:

    As the Tribunal has consistently held, a decision to retain an official beyond the normal retirement age is an exceptional measure over which the executive head of an organisation exercises wide discretion. Such a decision is therefore subject to only limited review by the Tribunal, which will interfere only if the decision was taken without authority, if a rule of form or procedure was breached, if it was based on a mistake of fact or of law, if an essential fact was overlooked, if a clearly mistaken conclusion was drawn from the facts, or if there was abuse of authority (see, for example, Judgments 1143, consideration 3, 2845, consideration 5, 3285, consideration 10, 3765, consideration 2, or 3884, consideration 2).

    Reference(s)

    ILOAT Judgment(s): 1143, 2845, 3285, 3765, 3884

    Keywords:

    age limit; discretion; retirement age;

    Judgment keywords

    Keywords:

    age limit; complaint allowed; decision quashed; retirement; retirement age;



  • Judgment 3133


    113th Session, 2012
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Judgment keywords

    Keywords:

    complaint dismissed; post classification; retirement age;



  • Judgment 3122


    113th Session, 2012
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Judgment keywords

    Keywords:

    complaint dismissed; failure to exhaust internal remedies; retirement age;



  • Judgment 3108


    113th Session, 2012
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 13

    Extract:

    Having submitted his application in good faith, the complainant was entitled to have it considered on its merits and in a timely manner. While it cannot be said that the complainant's contract would have been extended, the Agency's lack of diligence in its consideration of its application effectively foreclosed any possibility to have his contract extended. In these circumstances, he is not entitled to an award of the salary and benefits which he would have received if his contract had been extended as he has claimed. However, he is entitled to moral damages for the flaws identified.

    Keywords:

    delay in internal procedure; material damages; moral injury; retirement age;

    Judgment keywords

    Keywords:

    complaint allowed; decision quashed; retirement age;


 
Last updated: 14.10.2021 ^ top