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
1979
Part Two. Legal activities of the United Nations and related intergovernmental
organizations
Copyright (c) United Nations
CONTENTS
(continued)
Page
9.
World
Meteorological
Organization
102
10.
Inter-Governmental Maritime Consultative Organization
103
11.
International
Atomic Energy Agency
104
12.
International
Fund
for
Agricultural
Development
105
CHAPTER
IV.
TREATIES
CONCERNING INTERNATIONAL
LAW
CONCLUDED UNDER
THE
AUSPICES
OF THE
UNITED
NATIONS
AND
RELATED INTERGOVERNMENTAL ORGANIZATIONS
TREATIES CONCERNING INTERNATIONAL
LAW
CONCLUDED
UNDER
THE
AUSPICES
OF THE
UNITED NATIONS
1.
Agreement Governing
the
Activities
of
States
on the
Moon
and
Other Celestial
Bodies,
adopted
by the
General Assembly
on 5
December 1979
109
2.
Convention
on the
Elimination
of All
Forms
of
Discrimination against Women,
adopted
by the
General Assembly
on
18
December
1979
115
3.
International Convention against
the
Taking
of
Hostages, adopted
by the
General
Assembly
on 17
December
1979
124
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. 237 (
13
February
1979):
Powell
v.
Secretary-General
of the
United
Nations
Application seeking rescission
of a
bulletin
suspending
the
practice followed
by
the
United Nations
up to
that time pursuant
to a
previous
bulletin
by
which
the
Organization reimbursed national taxes levied
on
one-third lump
sum
pension
payments
—
Origin
of
staff
regulation
3.3
(/)
on the
reimbursement
of
national taxation
in
respect
of
salaries
and
emoluments paid
to the
staff
of
the
Organization
Authority
of the
Secretary-General
to
issue,
for the
purpose
of
applying
the
Staff
Rules
and
Regulations, circulars which
the
Tribunal
has
held
to
have
the
same force
and
effect
as the
Staff
Rules unless
inconsistent
with
the
Staff
Regulations
—
Concept
of
acquired rights
—
under
its
Statute
the
Tribunal
is
competent
to
rescind
individual
decisions
but
not to
rescind
erga
omnes
a
decision which
is in the
nature
of a
regulation
—
Examination
at the
request
of the
respondent
of the
question
of the
legality
of
the
practice followed
by the
Organization prior
to
issuing
the
bulletin
mentioned
in the
application
—
Arguments adduced
from
the
fact
that
staff
regulation
3.3
refers only
to
"salaries
and
emoluments"
and
covers
only
staff
members
in
service
—
Arguments adduced
from
the
fact
that
the
one-third
lump
sum
pension payment
is not
subject
to
staff
assessment
—
Rejection
of
these
arguments
129
2.
Judgement
No. 238 (8
February 1979): Carlson
v.
Secretary-General
of the
United
Nations
Application
by a
serving
staff
member requesting
the
Tribunal,
first,
to
order
the
rescission
of the
bulletin referred
to in the
application which gave rise
to
Judgement
No. 237
and, second,
to
order
the
reimbursement
of
taxes owed
in
respect
of a
one-third lump
sum
pension benefit
—
Rejection
of the
first
plea
CONTENTS (continued) Page
for
the
reasons stated
in
Judgement
No. 237 —
Rejection
of the
second plea
as
unfounded since
the
staff
member
had not yet
retired
132
3.
Judgement
No. 239
(13
February 1979): Masiello
v.
Secretary-General
of the
United
Nations
The
case
is
similar
to
that
dealt
with
in
Judgement
No. 238 132
4.
Judgement
No. 240 (15 May
1979): Newton
v.
Secretary-General
of the
United
Nations
Application
by a
former
staff
member
of
UNRWA
seeking
the
validation
for
pension purposes
of
periods
of
previous service performed
at a
time when
UNRWA
staff
members were
not
eligible
to be
participants
in the
Pension
Fund
—
Decision
of the
General Assembly
limiting
the
power
to
validate
such
periods
of
service
to the
case
of
staff
members
still
in pay
status
as at a
specific date
—
Allegations
of
injustice
and
discriminatory treatment
—
The
Tribunal
has no
competence
to
rule
on a
decision
of the
General
Assembly,
or on the
Secretary-General's
proposal
which
served
as the
basis
for
such
a
decision
132
5.
Judgement
No. 241 (17 May
1979): Furst
v.
Secretary-General
of the
United
Nations
Application
contesting, first,
the
appointment
of a
staff
member
at a
given level
to
fill a
post graded
at the
next higher level and, second,
a
decision
to
transfer
the
applicant, which
he
contended
was a
misuse
of
power that resulted
in
detriment
to him
133
6.
Judgement
No. 242 (22 May
1979):
Klee
v.
Secretary-General
of the
United
Nations
Application seeking compensation
for the
injury
suffered
by the
applicant
as the
result
of a
decision depriving
him of a
legitimate expectancy
of
extension
of
his
appointment
—
Determination
of the
duration
of the
appointment
on
which
the
applicant could reasonably count
—
Extent
to
which periods
of
service completed
by the
applicant under short-term appointments
may be
deducted from
the
anticipated total duration
of the
appointment
for the
purposes
of
assessing compensation
134
7.
Judgement
No. 243 (23 May
1979): Jimenez Carillo
v.
Secretary-General
of the
United
Nations
Application requesting compensation
for the
illness
and
death
of a
staff
member,
attributable,
according
to the
applicant,
to the
performance
of
official
duties
on
behalf
of the
United Nations
—
Limits
of the
Tribunal's power
of
review
in
such
cases
—
Administrative negligence entailing
the
responsibility
of the
respondent
in the
case
135
8.
Judgement
No. 244 (25 May
1979): Bernard
v.
Secretary-General
of the
United
Nations
Application contesting
the
validity
of a
termination
by
mutual consent pursuant
to
staff
regulation
9.1
(a) and of a
deduction
from
payments
due
upon separation
from
service
pursuant
to
staff
rule
103.18
(b)
(iii)
for the
purpose
of
paying
a
private debt
of the
staff
member concerned
—
Proof
of
consent
by a
staff
member
to a
termination
by
mutual
agreement
—
Policy
of the
Organization
with
regard
to the
application
of
staff
rule
103.18
(b)
(iii)
—
Limits
of the
Tribunal's power
of
review with regard
to
decisions taken pursuant
to a
VI
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