Chapter V. Decisions of Administrative Tribunals of the United Nations and related intergovernmental organizations
UNITED NATIONS
JURIDICAL YEARBOOK
Extract from:
Chapter V. Decisions of administrative tribunals of the United Nations and related
intergovernmental organizations
1981
Part Two. Legal activities of the United Nations and related intergovernmental
organizations
Copyright (c) United Nations
CONTENTS (continued)
Page
3.
United Nations Educational, Scientific
and
Cultural
Organization
84
4.
World Bank
87
5.
International Monetary Fund
88
6.
Universal Postal Union
91
7.
World Health Organization
92
8.
World Meteorological Organization
93
9.
Inter-Governmental Maritime Consultative Organization
96
10.
International Fund
for
Agricultural Development
97
11.
International Atomic Energy Agency
100
CHAPTER
IV.
TREATIES CONCERNING INTERNATIONAL
LAW
CONCLUDED UNDER
THE
AUS-
PICES
OF THE
UNITED
NATIONS
AND
RELATED INTERGOVERNMENTAL ORGANIZATIONS
110
CHAPTER
V.
DECISIONS
OF
ADMINISTRATIVE TRIBUNALS
OF THE
UNITED
NATIONS
AND
RELATED INTERGOVERNMENTAL ORGANIZATIONS
A.
DECISIONS
OF THE
ADMINISTRATIVE TRIBUNAL
OF THE
UNITED NATIONS
1.
Judgement
No. 268 (8 May
1981): Mendez
v. the
Secretary-General
of the
United
Nations
Accelerated
within-grade
increments
as a
language incentive
—
Applicability
to
various
categories
of
staff—Meaning
of
"Staff
subject
to
Geographical
Distribution"
Ill
2.
Judgement
No. 269 (8 May
1981):
Bartel
v. the
Secretary-General
of the
Inter-
national
Civil Aviation Organization
Article
7.3 of the
Statute
of the
Tribunal
—
Non-receivability
of
appeals
unani-
mously
declared
frivolous
by the
joint body
—
Powers
of the
Tribunal with
regard
to
applications pertaining
to
such appeals
112
3.
Judgement
No. 270
(13
May
1981):
Sforza-Chranovsky
v. the
Secretary-General
of the
United Nations
Revision
of
judgements
of the
Administrative Tribunal
—
Powers
of the
Tribunal
with
regard
thereof
—
What constituted
a
newly discovered
fact
112
4.
Judgement
No. 271 (13 May
1981): Kennedy
v. the
Secretary-General
of the
United Nations
Revision
of
judgements
of the
Administrative Tribunal
—
Conditions
for
admitting
an
application
for
revision
—
Rejection
of an
application
not
meeting
all the
said conditions
113
5.
Judgement
No. 272
(14
May
1981):
Châtelain
v. the
Secretary-General
of the
International Civil Aviation Organization
Termination
of
appointment
—
Procedural irregularities
in
arriving
at the
decision
of
termination
—
Compensation
for the
injured
staff
member
114
6.
Judgement
No. 273 (15 May
1981):
Mortished
v. the
Secretary-General
of the
United Nations
Repatriation Grant
—
Requirement
of
evidence
of
relocation
as the
condition
of
eligibility
—
Retroactive
effect
of
such requirement
—
Acquired
rights —
Non-retroactive applicability
of the new
requirement
115
CONTENTS
(continued)
Page
1.
Judgement
No. 274 (2
October
1981): Sletten
v. the
Secretary-General
of the
United
Nations
Loss
of
personal effects attributable
to
service
—
Compensation
for
same
—
Meaning
of
expression
"reasonable
compensation"
—
Conditions imposed
upon payment
of sum
awarded
as
compensation
—
Waiver
by
staff
member
of
his
right
to
appeal
not a
valid condition
117
8.
Judgement
No. 275 (5
October
1981):
Vassiliou
v. the
Secretary-General
of the
United
Nations
Time-limits prescribed
in
Staff
Rule
111.3
not
relevant
to
applications
to the
Tribunal
—
Receivability
of
such applications governed solely
by
article
7
of
the
Tribunal Statute
—
Grant
of
Special Post Allowance
—
Discretionary
power
of the
Secretary-General with regard thereof
— No
legal obligation
to
grant
SPA —
Consideration
by the
Secretary-General
of
recommendations
of
the
Joint Appeals Board
— No
claim
may be
based
on
mere rejection
of JAB
recommendations unless decision
to
reject
was
tainted
by
prejudice
or by any
other
vitiating factor
—
Access
to
documents
in the
exclusive
possession
of
the
Administration
—
Only production
of
documents relevant
to the
pro-
ceedings
may be
ordered
117
9.
Judgement
No. 279 (6
October
1981):
Badr
v. the
Secretary-General
of the
United
Nations
Application seeking
the
validation
for
pension purposes
of a
period
of
service
performed
by a
participant
in the
United Nations Joint
Staff
Pension Fund
prior
to his
admission
to the
Fund
—
Competence
of the
Tribunal, notwith-
standing
the
inclusion
in the
relevant contract
of a
clause providing that
disputes arising
from
the
contract should
be
settled
by
recourse
to an
arbitration
procedure
—
Rejection
of the
applicant's claim that
his
contractual status
was
in
fact
that
of a
technical assistance expert
and the
claim that
the
contract
did
not
exclude participation
in the
Pension Fund
118
10.
Judgement
No. 277 (6
October
1981):
Bartel
v. the
Secretary-General
of the
International
Civil Aviation Organization
(ICAO)
Application
for
revision
of a
judgement under article
12 of the
Statute
of the
Tribunal
—
Conditions
for
receivability
of
same
—
Limits
on the
powers
of
the
Tribunal
119
11.
Judgement
No. 278 (7
October
1981):
Tong
v. the
Secretary-General
of the
United
Nations
Forceful
closure
of a
United Nations
office
—
Effect
on
appointments
of
local
staff
—
Effective date
of
termination
—
Rate
of
exchange
of
local currency
applicable
to
conversion
of
termination
benefits
and
other entitlements
120
12.
Judgement
No. 279 (8
October
1981): Mahmoud
v. the
Secretary-General
of the
United Nations
Entitlement
to
daily subsistence allowance
—
Assignment
by the
Administration
to new
duty station
—
Condition
for
same
—
Non-eligibility
of
staff
member
who
travelled
on his own to a
place other than
his
duty station
and is
assigned
to
local
UN
Office
at his
request
121
13.
Judgement
No. 280 (9
October
1981):
Berube
v. the
Secretary-General
of the
International Civil Aviation Organization
Offer
of a
post
at a
lower level
—
Implication that
the
alternative
is
termination
—
Requirement
of due
investigation under
the
ICAO Service Code
—
Procedural
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