Judgment No. 3874
Decision
The complaint is dismissed.
Summary
The complainant claims that he has been deprived of his pension rights.
Judgment keywords
Keywords
pension; unjspf; complaint dismissed
Consideration 4
Extract:
The complainant requests oral proceedings. He does not include a list of witnesses and in fact does not substantiate his request. Considering that the abundant written submissions are clear and detailed, the Tribunal is satisfied that the complaint can be fairly and appropriately determined by reference to the written material filed by the parties. Accordingly, no order is made for oral proceedings.
Keywords
oral proceedings
Consideration 10
Extract:
[The complainant's] argument that it was in the Organization’s interests to extend his appointment and allow his pension rights to become vested rather than to appoint another staff member to replace him is untenable. As pointed out in the Organization’s submissions, [the Organization] would incur an indirect cost by extending his appointment, so not only would the extension of his appointment not be in the interests of the Organization, but it could reasonably be against its interests.
Keywords
pension
Consideration 10
Extract:
The abolition of a post necessarily implies the elimination of that post, whereas retirement of a staff member does not necessarily mean the abolition of the post occupied by the retiring staff member.
Keywords
abolition of post
Consideration 12
Extract:
[I]t is not reasonable for the complainant to assert that financial aspects are “irrelevant factors” for deciding whether or not something is “in the interests of the Organization”. Clearly, financial responsibility is a core requirement of the proper functioning of an international organization.
Keywords
organisation's interest
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