2013-惇蹋厙AT-348

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

惇蹋厙AT noted that: the Sidells were negligent in not reporting their marriage before their separation from service; Mr Sidell notified 惇蹋厙JSPF in October 2003 of his marriage to Mrs Sidell and 惇蹋厙JSPF requested him to provide his original marriage certificate, which he did; and 惇蹋厙JSPF did not follow up with Mr Sidell about the matter. 惇蹋厙AT held that 惇蹋厙JSPF, by remaining silent, created a reasonable expectation on the part of the Sidells that Mr Sidell＊s pension record was corrected and that his marriage to Mr Sidell was recognised by 惇蹋厙JSPF. 惇蹋厙AT held that, in the circumstances, it was unreasonable to deny the widow her entitlements. 惇蹋厙AT allowed the appeal, set aside the decision of the Standing Committee of the 惇蹋厙JSPB and ordered 惇蹋厙JSPF to pay Mrs Sidell her widow＊s benefit.

Decision Contested or Judgment/Order Appealed

Mrs Sidell contested the decision not to pay her a widow＊s benefit. The Standing Committee of the 惇蹋厙JSPB upheld the decision, noting that participants report their dependants prior to separation from service and there were no exceptional circumstances to justify any deviation from that requirement.

Legal Principle(s)

In certain circumstances, silence by the Administration may create a reasonable expectation that action has been taken.

Outcome

Appeal granted

Outcome Extra Text

Only financial compensation; Only financial compensation.

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Sidell

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement