Chapter V. Decisions of administrative tribunals of the United Nations and related inter- governmental bodies

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CHAPTER V

DECISIONS OF ADMINISTRATIVE TRIBUNALS OF THE UNITED NATIONS

AND RELATED INTER-GOVERNMENTA.L ORGANIZATIONS

1. DECISIONS OF THE ADMINISTRATIVE TRIBUNAL

   OF THE UNITED NATIONS l/

   1. Judgement No. 84 (11 September 1962).:.g/ Young V'. Secretary-GeneraJ. of the International Civil Aviation Organization

      Request by a former Technical Assistance official of ICAO for validation ty the United Nations Joint Staff Pension Fund of service completed beforp. his participation in the Fund.

      This case was submitted by an applicant who had served with the International Civil Aviation Organization as a ~echnical assistance expert from 2 November 1951

      to 31 December 1958 under several fixed-term contracts of less than tMO years'

      duration. The applicant, who became a participant in the Joint Staff Pension Fund on 1 January 1958, requested the Tribunal to order the validation by the Fund of the period of employment prior to that date. In support of his request, the applicant invoked paragraph 19 of the regulations for technical

      l/ Under article 2 of its Statute, the Administrative Tribunal of the United

      Nations is competent to hear and pass judgement upon applications alleging

      non-obsel~ance of contracts of employment of staff members of the Secretariat of the United Nations or of the terms of appointment of such staff members. Article 14 of the Statute states that the competence of the Tribunal may be extended to any specialized agency upon the terms established by a special agreement to be made with each such agency by the Secretary-General of the United Nations. On 1 January 1963 one agreement of general scope, dealing with the non-observance of contracts of employment and of terms of appointment, had been concluded, pursuant to the above provision, with a specialized agency: the International Civil Aviation Organization. In addition, agreements limited to applications alleging non-observance of the Regulations of the United Nations Joint Staff Pension Fund had been concluded with the International Labour Organisation, the Food and Agriculture Organization of the United Nations, the United Nations Educational, Scientific and Cultural Organization, the World Health Organization; the International Civil Aviation Organization a:".d the World Meteorological Organization.

      The Tribunal is open not only to any staff member, even after his employment has ceased, but also to any person who has succeeded to the staff member's rights on his death, or who can show that he is entitled to rights under any contract or terms of appointment. .

      ~/ Mme P. Bastid, President; S. Petren, Vice-President; H. Gros Espiell, Member.

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      assistance experts in force on 2 November 1951 and article III of the Regulations of the Joint Staff Pension Fund. Paragraph 19 provided that experts initially appointed for less than two years would become participants in the ~U1d after

      two years of service and would be entitled to validate previous service on joining the Fund. The paragraph, however, was abrogated on 1 January 1952, and from that date to 1 January 1958 the regulations for technical assistance experts contained no provision concerning the participation of experts in the Fund. The Tribunal observed that the applicant's initial letter of appointment stipulated ICAO's right to amend regulations for technical assistance personnel and limited this right only by the reservation that the amendments should not reduce or restrict the conditions set forth in the letter. It found therefore that the abrogation of paragraph 19 operated against the applicant. As regards the RegUlations of the Joint Staff Pension Fund, the Tribunal put several questions to the parties concerning the purport of articles II and Ill. It also put questions relating to the interpretation of an omnibus clause contained in the app.Lfcanti' s contracts. This clause stipulated that the applicant was not entitled to receive payments, subsidies, expenses or emoluments other than those specified in his letters of appointment or in the applicable Staff Regulations. The Tribunal postponed the consideration of the case to allow the parties to reply to the questions put to them.

   2. Judgement No. 85 (14 September 1962):~/ Carson v. S~cretary-Generalof the United Nations

      Termination on the ground of abolition of post of the permanent appointment

      ,

      held by a staff member of the United Nations Children's ?~nd.

      This case concerned the termination because of abolition of post of the permanent appointment of a staff member who had been specifically recruited for UNICEF. While expressing the view that the abolition of post had been neither

      ~/ Mme P. Bastid, Presidentj Lord Crook, Vice-Presidentj the Hon. R. Venkataraman,

      Memberj J.J. Casey, Alternate.

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      mala fide nor motivated by prejudice, the Tribunal observed that the respondent had failed to submit written evidence to show that the applicant had actually been considered for posts available in UNICEF and had been genUinely found not suitable for any of them. The Tribunal rescinded the termination and ordered that, in the event of reinstatement, the applicant should receive full salary from the date of termination to the date of reinstatement, less the amount paid at termination in lieu of notice and less also the amount of termination indemnity. In the event of a decision by the Secretary-General not to reinstate the applicant, the Tribunal ordered that she should receive: (a) full salary to the date of the decision not to reinstate, less the amounts paid in lieu of notice and less also the amount of termination indemnity; (b) an arrount e~ual

      to that which would De payable under the Staff Regulations and Rules if the applicant I s appointment were terminated on the date of the decision not to reinstate.

   3. Judgement No. 86 (14 September 1962):l/ A. v. Secretary-General of the United Nations

      Non-renewal of a. fixed-term appointment held by an official of the United Nations Special FUnd.

      This case concerned the non-renewal of the fixed-term appointment of a staff member in the secretariat of the United Nations Special FUnd. The Tribunal ubserved that before the expiration of the appointment the Fund had offered to extend the appointment for a period of one 'year and that the acceptance of the offer by the applicant had created an obligation on the part of the respondent. It found, however, that the subse~uent discovery by the Fund that the applicant

      had withheld material information regarding his condition of health at the time of seeking employment constituted valid grounds for the respondent's decision not to fulfil the agreement to extend the appointment. It found, moreover, that the procedure prOVided for in regulation 9.1 (a), which was not followed in the case, was not applicable to a refusal to renew or extend an appointment. The Tribunal therefore rejected the application.

      1:./ See foot-note to Judgement No. 85

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