TEST -Rename- Benefits and entitlements-45

The Appeals Tribunal analyzed the text of Appendix D, from the 1966 version, and concluded that: (a) widows are eligible to receive compensation at a rate of two-fifths of a deceased staff member’s annual salary; (b) if the deceased staff member is survived by more than one widow, the compensation shall be split evenly between the widows; (c) all pension benefits paid through the staff member’s UNJSPF entitlement shall be deducted from the compensation paid under Appendix D; and the deduction shall not reduce the amount of Appendix D compensation otherwise payable to less than 10 per cent of...

The Tribunal noted the Applicant’s persistence in raising previously rejected arguments.While no costs were awarded, the Tribunal warned the Applicant and his counsel against vexatious litigation, referencing similar cases and jurisprudence. The application was dismissed in its entirety as not receivable.

The Tribunal rejected the Applicant’s arguments and found that the decision to recover a portion of the Applicant’s Home Leave lump sum was lawful.

The Applicant manifestly abused the judicial review process by filing a frivolous application. The Applicant repeatedly lied to the Administration for over six months in seeking to obtain and keep a Home Leave lump sum payment to which he was not entitled.

Still seeking to keep the lump sum in full, he filed an application with the Tribunal. In his application, and his subsequent submissions, the Applicant repeated his lies and even expanded upon...

The UNAT noted that the essence of the administrative decision had been that the staff member was not entitled to cashed-up unused annual leave from a second appointment taken up within 12 months of relinquishing a first appointment after which such leave had been commutated.

The UNAT observed that the staff member’s request for management evaluation referred to the Administration’s alleged “continued failure” to compensate him the commutation of annual leave. The UNAT found that the reference reinforced a conclusion that it had been the consistent decision conveyed to him over several months...

The UNAT noted that the staff member had telecommuted from his home country for the entire academic year. The UNAT found that payment of the educational grant required the physical presence of the staff member at their official duty station, with such payment to be suspended or adjusted for the period that they were telecommuting from outside the official duty station.

The UNAT held that it was not open to the staff member to rely on a defence that the Administration be estopped from relying on the applicable provisions in its interpretation of the circumstances under which the education...

The Tribunal concluded that the promulgation of ST/AI/2018/Rev.1/Amend.1, which restrictively redefined enrolment-related fees, did not conform to General Assembly resolution 70/244. As such, its promulgation was an abuse of the Administration’s discretion and its application in reviewing the Applicant’s education grant for her son was unlawful.

Accordingly, the Tribunal held that the Applicant was correct in that the fees that she claimed were admissible as tuition, in addition to being enrolment-related. Thus, the decision to deny reimbursement for those fees was unlawful.

The Tribunal...

Since the ABCC was advised by a technical body its decision does not require management evaluation.

The Tribunal determined that the application was properly made but it was denied because the Tribunal could find no fault with the decision of the ABBC to deny the Applicant's claim for an entitlement to compensation for injury and illness incurred during and resulting from employment on the behalf of the United Nations.

The lack of justifiable explanation on the part of the Respondent for the delay from December 2018 to June 2021 could only be attributed to lack of due care and diligence, transparency, accountability and good faith. Therefore, the Tribunal held that the delay was compensable.

The Applicant proved beyond a balance of probabilities that the mental and emotional harm suffered by the dependents was directly attributable to the Administration’s negligent handling of the matter.

The claim of moral harm was sufficiently proved to the requisite standard.

Mr. Ronved appealed.

The UNAT dismissed the appeal and affirmed the UNDT Judgment.

The UNAT held that the UNDT erred in finding the application not receivable with respect to the refusal of a temporary promotion to the P-4 level.  The contested decision before the UNDT was the decision to extend the SPA, which the Appellant timely challenged before the MEU and the UNDT.  The extension of the SPA and the denial to grant a promotion were two sides of the same decision, with the same time limits for management evaluation.  Therefore, the request for management evaluation of both decisions was...

The Tribunal found unsubstantiated the alleged procecural and substantive irregularities in the lateral transfer of the Applicant to the position of CEO of GPH. The Applicant was well aware of both his lateral transfer and the business model of UNITAR, which is dependent on external funding. Also, the Applicant's letter of appointment clearly stated that his appointment was limited to availability of funds.

Moreover, the Applicant argued that, instead of being placed on SWLOP until the end of his temporary appointment, his contract should have been terminated, pursuant to para. 9(c) of AC...