51ÁÔÆæ

Considering that the Applicant opted for payment of the repatriation grant at the dependency rate, two options were open to her husband:

a.To claim a repatriation grant at the single rate for the period of service subsequent to the Applicant¡¯s separation up to the date of his separation from service; or

b.If eligible to a dependency rate, to claim that rate for the whole period of qualifying service, minus the amount of the grant paid to the Applicant.

The evidence on record shows that the Applicant¡¯s husband served three years after the Applicant¡¯s separation. For these three years of non...

The Applicant¡¯s request for management evaluation on 15 November 2021 against the ineligibility to the education grant for French nationals residing in neighbouring France and serving in Geneva was time- barred. As such, this aspect of the application is not receivable ratione materiae. Nevertheless, considering the circumstances of the case, the 22 September 2021 Administration¡¯s denial of the Applicant¡¯s 2020/2021 education grant claim constitutes a new administrative decision. As such, the 60-day deadline for requesting management evaluation of this decision started to run from 22 September...

Whether the application is receivable

Having reviewed the application in its entirety, the Tribunal notes that the Applicant identified the decision of 1 October 2021 as the final administrative decision, and that in his request for management evaluation he explicitly listed the decision of 1 October 2021 as the decision to be evaluated.

Noting the difference in the fundamental element of the decisions of 12 August 2021 and 1 October 2021, i.e., the amount of the overpayment to be recovered, the Tribunal cannot but conclude that the decision of 1 October 2021 constitutes a new administrative...

The United Nations, as an exemplary employer, should be held to higher standards and the Respondent is therefore expected to treat staff members with the respect they deserve, including respect for their well-being.

This duty of protection applies not only to physical disease, but also to psychological disease.

This implies a duty to intervene promptly to protect the staff member, at risk for his/her health.

it took 22 months for the Administration to assess if the Applicant¡¯s pathology was related to the work environment and therefore the Tribunal was of the view that the ABCC unduly...

The issue was whether the Applicant was entitled to education grant for his son¡¯s last year of a five-year degree program which includes two semesters (approximately one year) of no cost/no tuition co-operatives/internships.

The Tribunal held that since the Applicant's son was enrolled in his educational institution during years three and four of his programme, during which the co-op semesters were part of the curriculum, there was no basis not to count years three and four as school years. As these years entailed less expenses on account of tuition not being paid during the co-op semesters...

Pursuant to jurisprudence on the factors to consider in a communication purporting to constitute the date on which an administrative decision was made, the Tribunal found that the 8 December 2021 communication from the CHRO/RSCE constituted the impugned decision. It had sufficient gravitas having been conveyed by the CHRO/RSCE as opposed to the HR Partner, it raised relevant factors and it had an element of finality.

The Tribunal found that the Applicant met the timeline for filing a request for management evaluation in accordance with staff rule 11.2(c). The Respondent¡¯s motion on...

Whether the contested decision is lawful

Whether the Administration properly exercised its discretion in not granting the Applicant telecommuting arrangements

The Organization¡¯s duty of care towards staff during the COVID-19 pandemic

Since March 2020, when WHO declared COVID-19 as a global pandemic, the Organization has ensured that all necessary measures are in place to support the safety and health of all UN personnel when carrying out the functions and responsibilities entrusted to them.

The nature of the Applicant¡¯s functions may require her on-site presence, as evidenced by...

Regarding the ex-gratia claim, the Tribunal observed that the evidence of the fact that the Applicant was carrying out the functions of a P-4 post could be noted from the fact that the functions which the P-4 currently is performing are the same as those which the Applicant was performing before she was reassigned in 2021. The Tribunal, thus, concluded that the Administration violated the Applicant¡¯s right to equal pay for equal work. The Applicant had the right to be compensated for her functions at the proper level, and therefore, she had the right to retroactive payment of salary lost...

The Tribunal found that the refusal to pay the Applicant¡¯staxes was lawfuland that the Administration was not liable for the delay in processingof the claim.

The Applicant¡¯s own testimony undermined his claim of extenuatingcircumstances.Histestimony conclusively established thatthe Applicantdid not fileclaims for tax reimbursement in a timely manner because he mistakenly believed that he was not requiredto file and pay taxes to the United StatesGovernment uponexpiry of his permanent residence.His error came to light in August 2019, when the IRS placed alienon his bank account to...

Under the applicable legal framework, UNAMI and KJSO, like other United Nations organs, consistently and uniformly use the UNORE in all conversions to local currency, whether they involve transactions, determination of staff entitlements, or other financial recordings.

ST/SGB/2019/2 (Delegation of authority in the administration of the Staff Regulations and Rules and the Financial Regulations and Rules), do not allow for delegated authority in respect of ¡°exchange rate fluctuations¡±. UNAMI and KJSO therefore had no authority to overrule the said provision or to apply a different rate than the...