UNAT Held or UNDT Pronouncements

The Tribunal took note of the Applicant’s preference to have this case adjudicated in New York since he was “partially resident” in the United States with his family. However, having reviewed all of the arguments advanced by the parties since the filing of the case with the New York Registry, particularly the official documents provided by Counsel for the Respondent, the Tribunal considered that it was appropriate and in the interest of justice to transfer the case to the Geneva Registry. The Tribunal was also satisfied that the Applicant would not be prejudiced by the transfer of the case to Geneva.

Decision Contested or Judgment/Order Appealed

The Applicant filed the application with the New York Registry contesting the 22 November 2024 decision regarding the retroactive payment of his contributions to the Pension Fund and the health and life insurance scheme while on administrative leave without pay (“ALWOP”). He informed the Registry as follows: “I am currently on leave funded against an HQ post in New York and have been at the time the contested decision was taken. My previous post was in Suva, Fiji”.

Legal Principle(s)

The Tribunal recalled that under art. 15(a) of its Practice Direction No. 4 on Filing of Applications and Replies, the Geneva Registry was the appropriate venue for applications from staff members assigned at the time of the contested decision in duty stations located in Europe and Asia (including the Pacific).

Outcome

Other procedural decision without a motion

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Individual Party

SAMARASINHA

Entity

Case Number(s)

Tribunal

Registry

Date of Order