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The UNAT considered an appeal by Ms. Mukomah.

The UNAT held that Ms. Mukomah’s submission that she was the spouse of the late participant at the time of his death and is therefore entitled on that basis to a widow’s benefit under Article 34 of the Fund’s Regulations, was not sustainable based on the evidence before the UNAT.

The UNAT found that there was insufficient evidence proving that the late participant and Ms. Mukomah lawfully entered a (second) union legally recognized by the competent authority of Kenya conferring similar legal effects as a marriage in relation to pension rights...

The UNAT denied Ms. Banyanga’s appeal and affirmed the decision of the Standing Committee. The UNAT found that Ms. Banyanga had not adequately explained the inconsistencies between her own personal information and the information submitted by Mr. Mbirange regarding his reported spouse (including that the name “Banyanga” did not appear in the documentation that Mr. Mbirange provided about his spouse).

The UNAT also rejected Ms. Banyanga’s reliance on the marriage certificate that she submitted, which showed a purported date of marriage in 1997. The UNAT observed that Mr. Mbirange entered...

The UNAT dismissed the appeal.

The UNAT first held that the UNDT erred in law in retroactively applying WMO Staff Rule 193.3(c) when it examined her right to a termination indemnity. At the time the impugned decision was taken, only the 2019 WMO Staff Regulations and Rules were in force and should have been applied. The UNDT made an error in applying the 2020 law based on the Secretary-General’s submission of the wrong version of the WMO Regulations and Rules to the UNDT.

The UNAT affirmed the UNDT's finding that the Administration’s response to a request for management evaluation is not a...

The UNAT dismissed the appeal. The UNAT held that the UNDT correctly found not receivable Ms. Raschdorf's application with respect to the non-renewal decision and the ABCC’s decision given Ms. Raschdorf's failure to request management evaluation. The UNAT found that contrary to Ms. Raschdorf's contention, the non-renewal decision was not taken subsequent to advice from a technical body. As to the ABCC's decision on whether the claim was time-barred, the UNAT found that that decision was not based on a consideration of a medical evaluation but was concerned with the timeliness of the...

UNAT held that Mr. Ergüden’s decision when he elected to be on the local-currency track was irreversible unless the pre-conditions as set out in Paragraph 31(b) and 38(e) of the PAS were met. UNAT held that Mr. Ergüden did not meet those pre-conditions and that, as the decision of the Standing Committee was in observance of these provisions, there was no basis to grant Mr. Ergüden the right to revert to the USD track. UNAT held that there was no proper basis to compel the Chief Executive of Pension Administration to suspend Turkey from the two-track system. UNAT dismissed the appeal and...

UNAT considered that at the time of the elections, there was no law that prevented the staff members from being elected to the UNSPC once they met the prerequisites for election, which they did. UNAT held that both staff members were duly elected members of the UNSPC and that as a direct consequence of their election, they had the same rights and privileges as other elected members, and which could not be restricted or denied. UNAT granted the appeals and ordered that the staff members be given access to all relevant Pension Board documents and be allowed to participate and function as an...

UNAT noted that the Appellant was asked to present updated medical information to support her request for a review of her case and failed to do so. UNAT held that no prejudice existed against the Appellant, since she had an opportunity to present updated medical evidence within the scope of the review of her case. UNAT dismissed the appeal and affirmed the Standing Committee decision.

UNAT affirmed the UNJSPB’s decision denying the staff member’s request for restoration of her first participation period. UNAT found that the amended Article 24 of the UNJSPF’s Regulations only allowed for restoration of a participant’s most recent period of contributory service and that the staff member had requested restoration of a participation period which was not the most recent one.

UNAT confirmed the UNJSPB’s interpretation of Article 24 of the Regulations to the effect that the 2007 amendment to Article 24 of the UNJSPF Regulations only applies to staff members who prior to 2007 had been ineligible to restore previous contributory service. UNAT held, therefore, that the amended Article 24 did not apply to the staff member as he had been eligible to restore previous contributory service but had failed to do so in a timely manner.

The former staff member appealed and UNAT considered whether he could compel UNICEF to pay to the Fund its contribution without making the corresponding contribution himself. UNAT found that, as the former staff member’s secondment was with the World Bank, he should have availed himself of the provisions of Article 13 of the UNJSPF Regulations relating to the transfer of pension rights and he failed to do so. Under these circumstances, UNAT noted that if the former staff member made his own contribution to the Fund, UNICEF would have been duty-bound to make its corresponding contribution...