2019-惇蹋厙AT-922

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

惇蹋厙AT considered an appeal by the Secretary-General. On receivability, 惇蹋厙AT opined that it doubted whether the application was receivable, but due to some uncertainties and because the matter was of general interest, it would decide the case on the merits. On the merits, 惇蹋厙AT held that 惇蹋厙DT erred in law in finding that Ms Haq and Ms Kane had a fundamental right to be fully and accurately informed about their pension entitlements at the time of their appointments. 惇蹋厙AT held that 惇蹋厙DT erred in law in failing to consider that Staff Regulation 4. 1 does not oblige the Secretary-General to transmit the 惇蹋厙JSPF Regulations to a staff member with the letter of appointment upon appointment. 惇蹋厙AT held that it was sufficient to have alerted them by drawing their attention to the 惇蹋厙JSPF Regulations and Rules that their appointments at the Assistant Secretary-General level might have an impact on their pension status and entitlements, and that it was their responsibility to become familiar with the Regulations or seek further advice. 惇蹋厙AT held that, as there was no breach of duty and consequently no illegality on the part of the Administration, there could be no award of compensation for material or moral harm. 惇蹋厙AT noted that it did not have to examine whether Ms Haq and Ms Kane had established a causal link between the alleged breach of duty and their current pension situation and that they had not suffered any financial harm. 惇蹋厙AT granted the appeal and reversed the 惇蹋厙DT judgment.

Decision Contested or Judgment/Order Appealed

The Applicants contested the Secretary-General＊s rejection of the request to address and rectify the failure of the Organisation to fulfil its duty of care in connection with the obligation to disclose and offer alternative remedies for the adverse effects upon their pension of the contractual arrangements for the final years of service that the Assistant Secretary-General and Under-Secretary-General levels. 惇蹋厙DT determined that the Secretary-General＊s rejection of the request was unlawful and ordered the rescission of the rejection of their request or payment in lieu of the rescission. 惇蹋厙DT awarded each Applicant USD 10,000 as moral damages and the payment of material damages in an amount to be established by the Secretary-General.

Legal Principle(s)

The Secretary-General is under no obligation to transmit the 惇蹋厙JSPF Regulations to a staff member with the letter of appointment upon appointment.

Outcome

Appeal granted

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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

Haq and Kane

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement