2011-UNAT-136, Ardisson

UNAT Held or UNDT Pronouncements

UNAT held that, since the Appellant was not a staff member of IOM at the time of the Agreement between the UNJSPF and IOM of 6 March 2006, the terms of the Agreement were not applicable to him as, by its terms, the Agreement only covered staff members who were current at the time of the Agreement. UNAT held that the different treatment of IOM staff members was created by the General Assembly. UNAT noted that restoration is an exceptional benefit that cannot be extended by analogy. UNAT held that the Appellant’s claim of inconsistency, unequal treatment, and arbitrariness by the UNJSPB was unfounded. UNAT dismissed his claim for compensation. UNAT dismissed the appeal and affirmed the decision of the UNJSPB.

Decision Contested or Judgment Appealed

The Applicant contested the decision not to consider his previous work with the International Organisation for Migration (IOM) as contributory service.

Legal Principle(s)

Only the General Assembly can amend the UNJSPF Regulations. Restoration is an exceptional benefit and cannot be extended by analogy.

Outcome

Appeal dismissed on merits

Outcome Extra Text

No relief ordered; No relief ordered.

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Full Judgment

Applicants/ Appellants

Ardisson

Entity

UNJSPF

Case Number(s)

2010-129

Tribunal

UNAT

Registry Location :

New York