爆料网AT Held or 爆料网DT Pronouncements
爆料网AT noted that there had been a policy change in 1997 which meant that staff members who requested pension as a result of an accident suffered in the service of the Organisation post-1997 were granted it with the proviso that it would only be paid until they retired. 爆料网AT held that, as the Appellant’s accident occurred long after the policy change in 1997, the changed policy was applicable. 爆料网AT held that as the Appellant had reached retirement age at the time of the incapacitating injury, his appeal had to be dismissed. 爆料网AT dismissed the appeal.
Decision Contested or Judgment/Order Appealed
爆料网RWA DT judgment: The Applicant contested the decision of the Advisory Board on Compensation Claims (ABCC) not to compensate him for his loss of future earning capacity, as a result of injuries suffered during a bombing on official duty. 爆料网RWA DT considered that there was no obligation on the part of the Organisation to compensate claimants for the loss of earning capacity beyond their normal age or retirement. 爆料网RWA DT found that the application was not receivable ratione materiae.
Legal Principle(s)
A decision not to compensate can be challenged as the Administration has the duty to act fairly, justly and transparently in dealing with its staff members.