Salary

UNAT observed that the Appellant did not challenge the reasoning of UNDT, but appealed on the ground that the administrative policy in place should be changed because she was promoted but her gross income was reduced. UNAT noted that the Appellant’s pay calculations also took into account other deductions and increases such that her net income increased. UNAT held that the real issue before it was whether UNDT made a reversible error in fact or law such that it must allow the appeal. UNAT noted that the Appellant did not disagree that, on its face, the calculations of her salary were made...

UNAT noted there was a pattern of withholding annual performance reports and salary increments, and that those delays were coupled with the denial of a post for which the Appellant was short-listed but was not filled prior to the Appellant’s retirement. UNAT noted the Appellant was also denied his post, which was abolished due to restructuring. UNAT held that the Appellant was not treated conscientiously and fairly and deserved compensation. UNAT granted the appeal in part and ordered that the Appellant be paid three months’ net base salary as compensation.

UNAT held that UNDT’s interpretation process, which led to the dismissal of the claim, was neither unreasonable nor unfair. UNAT noted that the affirmation that only the purchasing power element of comparison would allow an equal pay and treatment of staff members constituted only a postulation of a certain parameter among many possible options, without real support except in terms of policy selection because other criteria could also allow that kind of equal treatment, provided that they are applied in a general and non-discriminating way. UNAT noted that the comparator element adopted in the...

UNAT held that the relevant Circular contained all the necessary components to give rise to legal consequences for the striking staff and that it had individual application. UNAT held that UNRWA DT committed no legal error when it decided that the relevant administrative decision for the purpose of former Area Staff Rule 111.3 was the decision communicated by way of the Circular and that UNRWA DT correctly determined the terminus a quo for the purpose of computing the time for requesting administrative review. UNAT upheld the UNRWA DT’s determination as to the limits of its jurisdiction. UNAT...

UNAT found that the appeal raised significant questions of law about the power of the Organisation to unilaterally alter or reduce the compensation of staff members of the Organisation. For that reason, the President of UNAT in terms of Article 10(2) of the UNAT Statute elected to refer the appeal for consideration by the full bench of UNAT. UNAT recalled that an administrative decision is a unilateral decision of an administrative nature taken by the administration involving the exercise of a power or the performance of a function in terms of a statutory instrument, which adversely affects...

UNAT held that the Appellant had failed to make a request for correction of her current contract. UNAT held that it could not step outside its statutory remit and examine the merits of the Appellant’s claim for payments under her current contract when she had made no request for a review regarding it. UNAT held that JAB did not err in finding the Appellant’s claims of 30 December 2015 for revision of her step level under the previous contract as not receivable since the Appellant submitted her request more than a year from the date on which she received her first salary or “initial payment”...

UNAT held that UNRWA DT erred in law by not taking account of evidence implying strongly that there had been an administrative decision by UNRWA not to pay allowances to those who claimed them as their entitlement, and therefore concluding wrongly that there was no evidence of an administrative decision affecting the Appellant’s rights. However, UNAT held that the UNRWA DT’s Judgment dismissing the Appellant’s claim had to be upheld on grounds of lateness of their request for management evaluation. UNAT dismissed the appeals and upheld the UNRWA DT Judgment.

The Applicant filed the application for a stay of proceedings in her case pending the outcome of an on-going recruitment process to the vacant post. The motion for stay of proceedings was refused because it lacked merit. The application was struck out because the Applicant was inviting the Tribunal to act as “Big Brother” and constitute some kind of sword of Damocles over the head of the Respondent by keeping her case alive while the recruitment process was on and to possibly invoke it if she was not happy with the outcome of the exercise. This was an abuse of the Tribunal’s process. In...

The Applicant did not prove that any exceptional circumstance beyond her control prevented her from filing the application on time. The Applicant’s request for anonymity is granted to ensure the protection of the medical information discussed in the case. Related