2017-Ģ��ƵAT-760

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT held that Ģ��ƵRWA DT correctly found that the application was not receivable to the extent that it contested decisions taken. Ģ��ƵAT upheld the Ģ��ƵRWA DT��s findings that the provisions in the GMIP were mandatory for the Ģ��ƵRWA, that the GMIP does not include a provision with respect to retroactivity, and that Ģ��ƵRWA has no discretionary authority to enrol former staff members if this is not allowed in the contract. Ģ��ƵAT held that the GMIP could not apply outside of its scope of application. Ģ��ƵAT held that there was no evidence that Ģ��ƵRWA DT erred on the law or the facts, and that the Appellant��s claim had no merit. Ģ��ƵAT dismissed the appeal and affirmed the Ģ��ƵRWA DT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant, a retired staff member, contested the decision not to enrol him and his spouse in the Lebanon Field Office GMIP. Ģ��ƵRWA DT dismissed the Application on the grounds that the application was not receivable (ratione temporis).

Legal Principle(s)

Ģ��ƵRWA has no discretionary authority to enroll former staff members in Group Medical Insurance Policy (GMIP), an insurance contract with a private company if there is no such provision in said contract.

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

Sa'adeddin

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement