51ÁÔÆæ

With respect to the content of judgment Lloret Alca?iz et al., the applicants raised the following question to the Tribunal: Is it the intention of the Tribunal in this Judgment for the Applicants to continue to receive a ¡°dependency rate of salary¡± after their first dependent child ceases to be dependent and up until their youngest dependent child is no longer recognized as a dependent?; The Tribunal found that the Applicants asked it to go beyond the conclusions of its Judgment in raising ex post facto a question about the interpretation of the former regime, which was not raised nor...

The parties were at odds as to the procedure for establishing a medical board under art. 17 of Appendix D. The Applicant¡¯s case was that the ABCC failed to adhere to art. 17(b) of former Appendix D because it failed to establish a medical board to consider and report on the medical aspects of his claim. The Respondent submitted that the onus was on the Applicant to request the establishment of a medical board and to nominate a medical practitioner to represent him on the medical board. The Tribunal rejected the Respondent¡¯s submission that the Applicant was obliged to request a medical board...

Administrative leave; The Tribunal noted that the decision letter of 27 July 2017 conveyed that the decision was based on the reputational risk to the Organization in light of the allegations against the Applicant, relating to sexual abuse and exploitation of an underage girl, and on the basis of the available evidence and findings of the investigation report.; The Tribunal was satisfied that the sensitive nature of the allegations, which were sustained by some evidence, justified the Administration¡¯s decision, in its exercise of discretion, to put the Applicant on administrative leave, in...

The distinction between reimbursement of 100 per cent of admissible educational expenses for a child with a disability who attends a regular education institution depends on whether the necessary special arrangements are provided by the educational institution or not. If the institution does not provide such arrangements, the special teaching expenses are reimbursed at 100% but the educational expenses are reimbursed at the regular rate of 75%. Sec. 14.1 has to be read in conjunction with sec. 12 of the ST/AI/2011/4, which defines admissible expenses for the special education grant as...

General Assembly Resolution 61/264 (Liabilities and proposed funding for after-service health insurance), adopted on 4 April 2007, introduced a major change in relation to a fundamental and essential contractual right, namely the right to after-service health insurance. The Tribunal is of the view that General Assembly Resolution 61/264 relates to the fundamental human right of medical care/health, which includes the right to after-service health insurance, and should have been implemented through specific and clear staff rules adopted by the Secretary-General. However, due to an inherited...

HLIS acted fairly and transparently in advising the Applicant that she had to update her mailing address to receive her insurance card and did not act in a negligent manner. The applicable law does not allow a retroactive termination of the enrollment in the United Nations Headquarters-administered insurance programme outside of the annual campaign. There was no legal basis for the retroactive cancellation of the Applicant¡¯s enrollment in the United Nations Headquartersadministered insurance programme and reimbursement of the premiums and thus there was no legal basis for any other...

The Tribunal finds that since the Applicant¡¯s EOD into the United Nations common system is 10 October 2005, the Administration used the incorrect EOD date for the calculation of the termination indemnity due to the Applicant. Therefore, the contested decision is unlawful and stands to be rescinded. The Tribunal finds that the Applicant has placed no evidence whatsoever, illustrating any discriminatory treatment against him. On the contrary, the record indicates that the Respondent took measures to ensure that the Applicant did not suffer hardship following his separation from service by...

The Applicant duly performed the obligation to inform the Administration within the stipulated timelines of his ill health and diligently initiated and maintained communication with his supervisor, UNMISS Human Resources Section (HRS), the UNMISS Chief Medical Officer and the Medical Services Division (MSD). He sent all documentation requested of him in that regard. The review and non-certification of the Applicant¡¯s sick leave were unduly delayed by the MSD and that the said delay was prejudicial to the Applicant. MSD and UNMISS/HRS owed a duty to the Applicant to advise him of the option...

The Tribunal held that the application was moot. At the time the Tribunal issued the judgment, ABCC had already issued its decision and granted the Applicant¡¯s claims. Accordingly, the Application was found not receivable.

The Tribunal held that the application was not receivable ratione materia. As a first step, a staff member wishing to formally contest an administrative decision, had to submit to the Secretary-General in writing a request for a management evaluation of the administrative decision. In this case, the Applicant did not provide in his application any document showing that he had filed a request for management evaluation, thus failing to meet the mandatory first step. The Tribunal also found that the application was not receivable ratione temporis. The Applicant filed his application over seven...