2011-Ģ��ƵAT-136

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT held that, since the Appellant was not a staff member of IOM at the time of the Agreement between the Ģ��ƵJSPF and IOM of 6 March 2006, the terms of the Agreement were not applicable to him as, by its terms, the Agreement only covered staff members who were current at the time of the Agreement. Ģ��ƵAT held that the different treatment of IOM staff members was created by the General Assembly. Ģ��ƵAT noted that restoration is an exceptional benefit that cannot be extended by analogy. Ģ��ƵAT held that the Appellant��s claim of inconsistency, unequal treatment, and arbitrariness by the Ģ��ƵJSPB was unfounded. Ģ��ƵAT dismissed his claim for compensation. Ģ��ƵAT dismissed the appeal and affirmed the decision of the Ģ��ƵJSPB.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to consider his previous work with the International Organisation for Migration (IOM) as contributory service.

Legal Principle(s)

Only the General Assembly can amend the Ģ��ƵJSPF Regulations. Restoration is an exceptional benefit and cannot be extended by analogy.

Outcome

Appeal dismissed on merits

Outcome Extra Text

No relief ordered; No relief ordered.

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Applicants/Appellants

Ardisson

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement