Chapter V. Decisions of administrative tribunals of the United Nations and related intergovernmental bodies

UNITED NATIONS

JURIDICAL YEARBOOK

Extract from:

Chapter V. Decisions of administrative tribunals of the United Nations and related

intergovernmental organizations

1972

Part Two. Legal activities of the United Nations and related intergovernmental

organizations

Copyright (c) United Nations

CONTENTS (continued)

Page

4.

International

Civil Aviation Organization

71

5.

International Bank

for

Reconstruction

and

Development

74

6.

International Monetary Fund

77

7.

Universal

Postal

Union

79

8.

Inter-Governmental Maritime Consultative Organization

81

9.

International Atomic Energy Agency

82

CHAPTER

IV.

TREATIES CONCERNING

INTERNATIONAL

LAW

CONCLUDED

UNDER

THE

AUSPICES

OF THE

UNITED

NATIONS

AND

RELATED

INTERGOVERNMENTAL

ORGAN-

IZATIONS

TREATIES

CONCERNING

INTERNATIONAL

LAW

CONCLUDED

UNDER

THE

AUSPICES

OF

INTERGOVERNMENTAL ORGANIZATIONS RELATED

TO THE

UNITED NATIONS

1.

International Labour Organisation

Instrument

for the

Amendment

of the

Constitution

of the

International

Labour Organisation, adopted

by the

Conference

at its fifty-seventh

session,

Geneva,

22

June 1972

86

2.

United Nations Educational,

Scientific

and

Cultural Organization

(a)

Amendments

to the

Constitution

of the

United Nations Educational,

Scientific

and

Cultural

Organization.

Adopted

by the

General

Confer-

ence

at its

seventeenth session

88

(b)

Convention concerning

the

protection

of the

world cultural

and

national

heritage.

Adopted

by the

General

Conference

at its

seventeenth

session,

Paris,

16

November 1972

89

3.

Inter-Governmental Maritime Consultative Organization

(a)

Convention relating

to

Civil Liability

in the

Field

of

Maritime Carriage

of

Nuclear Material. Done

at

Brussels

on 17

December

1971.

. . .

1OO

(6)

International Convention

on the

Establishment

of an

International Fund

for

Compensation

for Oil

Pollution Damage (Supplementary

to the

International

Convention

on

Civil

Liability

for Oil

Pollution Damage,

1969). Done

at

Brussels

on 18

December 1971

103

4.

International Atomic Energy Agency

Convention

relating

to

Civil Liability

in the

Field

of

Maritime Carriage

of

Nuclear

Material.

Done

at

Brussels

on 17

December

1971

121

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. 153 (14

April 1972): Jayaram

v.

United Nations Joint

Staff

Pension Board

Request

for the

commutation into

a

lump

sum of a

pension payable

at the

minimum

annual

rate—Interpretation

of

article

29

(d)

of the

Pension

Fund Regulations

122

CONTENTS

(continued)

Page

2.

Judgement

No. 154 (18

April

1972):

Monasterial

v.

Secretary-General

of

the

United Nations

Decision

to

withhold payment

of a

special post

allowance—Granting

of

such

an

allowance

is a

matter within

the

Secretary-General's

discretion

—Criterion

applied

by the

defendant

organization

to

determine whether

a

staff

member

has

assumed "the

full

duties

and

responsibilities

of a

post

at a

higher level than

his

own"

123

3.

Judgement

No. 155 (19

April 1972): Belaineh

v.

Secretary-General

of the

United Nations

Decision

to

withhold

payment

of a

special post allowance

124

4.

Judgement

No. 156 (20

April 1972): Garnett

v.

Secretary-General

of the

United Nations

Calculation

of

salary

at

promotion—-According

to the

provisions

of the

relevant

Staff

Rule

a

staff

member

who is

promoted shall receive

compensation, during

the first

year following promotion,

in the

amount

of

one

step

in the new

position's

salary scale more than

he

would have

received without

a

promotion

125

5.

Judgement

No. 157 (26

April

1972):

Nelson

v.

Secretary-General

of the

United Nations

Termination

of a

permanent

appointment—Right

of the

Administration,

in

case

of

plurality

of

grounds

for

termination,

to

rely

on the

ground

of

its

choice—Requirement

of a

complete,

fair

and

reasonable procedure.

126

6.

Judgement

No. 158 (28

April

1972):

Fasla

v.

Secretary-General

of the

United Nations

Non-renewal

of a fixed-term

contract—Obligation

of the

respondent

with

regard

to

periodic

reports—Annulment

of a

periodic

report

which

was

prejudiced—Commitment

by the

respondent

to

make every

effort

to find

another assignment

for the

applicant—Failure

to

fulfil

this commitment

—Question

of

which allowances

are

payable

in a

case where

an

assignment

for one

year

or

more

is cut

short

127

7.

Judgement

No.

159

(4

October

1972):

Grangeon

v.

Secretary-General

of

the

United Nations

Time-limit

for filing of

appeals before

the

Joint Appeals

Board—Claims

found

unfounded

or

frivolous

by the

Board—Such

claims

not

receivable

by

the

Tribunal

130

8.

Judgement

No.

160

(9

October 1972): Acinapura

v.

Secretary-General

of

the

United Nations

Decision

refusing

payment

of

post

adjustment

"at the

dependency

rate"—

Definition

of the

term

"child"

for the

purposes

of the

Staff

Regulations

and the

Staff

Rules

131

9.

Judgement

No. 161 (10

October 1972): Noel

v.

Secretary-General

of the

United Nations

.

Termination

for

abolition

of

post

of a

staff

member holding

a

permanent

appointment—Allegation

that

the

Joint Appeals Board

which

considered

vi