2013-Ģ��ƵAT-371

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT 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. Ģ��ƵAT held that, as the Appellant��s accident occurred long after the policy change in 1997, the changed policy was applicable. Ģ��ƵAT held that as the Appellant had reached retirement age at the time of the incapacitating injury, his appeal had to be dismissed. Ģ��ƵAT dismissed the appeal.

Decision Contested or Judgment/Order Appealed

Ģ��ƵRWA 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. Ģ��ƵRWA 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. Ģ��ƵRWA 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.

Outcome

Appeal dismissed on merits

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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

Brisson

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement