51ÁÔÆæ

UNAT held that the Appellant was essentially seeking an amendment to the Regulations of the UNJPSF in such a way as to enable her benefit to be paid retroactively to the date of the death in service of her husband, which was prior to 1 April 1999. UNAT held that the criteria proposed by the Appellant to pay the benefit were not in force to be applied to her case. UNAT held that the UNJSPF correctly applied the UNJSPF Regulations. UNAT dismissed the appeal and affirmed the impugned decision.

UNAT held that the record reflected that: Michael and Jacqueline married in 1986; they had lived as husband and wife, and Jacqueline was Michael¡¯s wife on the date of his separation from service in 1998 and on the date of his death in 2008. UNAT held that Michael¡¯s first wife was unable to produce a marriage certificate and the divorce decree she produced was not proof of marriage, despite the date of marriage having been mentioned therein. UNAT held that the divorce decree could not be the sole basis of declaring Jacqueline¡¯s marriage to Michael invalid. UNAT held that Jacqueline was entitled...

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 was satisfied that the UNDT¡¯s pronouncement that the clear purpose and intent of Staff Regulation 5.3 was to restrict the entitlement to home leave to those who are serving the UN outside of their home country and by implication their country of nationality, was the correct interpretation. UNAT held that there was no error in law with regard to the UNDT¡¯s approach on the issue of home leave. UNAT held, as a matter of law and fact, that UNDT properly concluded that the Appellant¡¯s move to his country of nationality was a good reason for the Secretary-General to reassess his eligibility for...

UNAT held that, since the Appellant was not a staff member of IOM at the time of the Agreement between the UNJSPF and IOM of 6 March 2006, the terms of the Agreement were not applicable to him as, by its terms, the Agreement only covered staff members who were current at the time of the Agreement. UNAT held that the different treatment of IOM staff members was created by the General Assembly. UNAT noted that restoration is an exceptional benefit that cannot be extended by analogy. UNAT held that the Appellant¡¯s claim of inconsistency, unequal treatment, and arbitrariness by the UNJSPB was...

UNAT considered appeals against UNDT judgment Nos. UNDT/2010/108 and UNDT/2010/109 jointly. UNAT held that UNDT correctly ascertained that the failure by the APPC to share with the Appellant an inter-office memorandum prepared by his supervisor regarding the non-extension of his appointment did not affect his legal situation. UNAT held that the Appellant did not demonstrate that the UNDT¡¯s finding of fact was not supported by the evidence or that it was unreasonable. UNAT held that the principle that the party in whose favour a case has been decided is not permitted to appeal against the...

UNAT held that UNRWA DT was correct in applying Former UNRWA Area Staff Rule 106. 1. 16 to calculate the interest applicable to the Appellant¡¯s pay-out and that UNRWA DT had not erred in this regard. UNAT held that the contention that the Administrative Rules of the United Nations Joint Staff Pension Fund apply to the Appellant¡¯s situation had no merit and had been raised for the first time on appeal. UNAT held that the Appellant had failed to demonstrate that UNRWA DT had erred in finding that the Appellant¡¯s terms and conditions of employment are governed solely and exclusively by the Agency...

UNAT held that the Appellant had accepted the conditions of the RLA, which stated that ¡°the loaned employee shall return to the releasing agency upon completion or termination of his assignment with UNAMID and that no offer of continuing employment shall be made to him by UNAMID without consulting the releasing agency¡±. UNAT held that the Appellant had had a valid employment contract with WFP, and he did not fulfil the conditions for termination under that same agreement. UNAT noted that the Appellant did not formally initiate the transfer procedure and/or termination. UNAT held that UNDT had...

UNAT held that the Appellant had not shown that the Secretary-General of IMO was required, under the IMO staff regulations and the staff rules, to make available to a federation of international staff associations from different organisations an IMO staff member, who was elected to a high office, for all or part of the term. UNAT held that the reference in the appeal to Staff Rule 108. 1, concerning election, composition, and competencies of the staff committee, did not apply in the case. As to the question of inter-agency cost-sharing, UNAT held that it could only establish that this had to...

UNAT held that UNDT had correctly found that the determination made by the Programme OiC, namely that the application for sabbatical leave should not be forwarded to the Committee, was not within the Programme OiC¡¯s power. UNAT held that UNDT had correctly concluded that the decision made by the Programme OiC was in breach of the Appellant¡¯s terms of employment ¡°specifically, his right to have his application forwarded to the Committee and the [Assistant Secretary-General], OHRM¡±. UNAT held that UNDT had properly observed that an ¡°incomplete application may therefore be one which is missing...