UNDT/2024/006, MP

UNAT Held or UNDT Pronouncements

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.

Decision Contested or Judgment Appealed

The Applicant contested the decision of the Advisory Board on Compensation Claims (“ABCC”), dated 7 October 2022, denying his claim for compensation for illness incurred during the performance of official duties on behalf of the United Nations Mission in South Sudan (“UNMISS”).

Legal Principle(s)

The test to determine eligibility to compensation is that the illness must be incurred during the performance of official duties.

To determine whether the factual circumstances surrounding the Applicant’s illness fall into the category of being “incurred during performance of official duties” it is necessary to look at the detailed facts surrounding his case for compensation.

Outcome

Dismissed on merits

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