51ÁÔÆæ

UNAT held that while the SAB may satisfy the requirements of a neutral first instance process, its decision is only advisory or recommendatory. UNAT held that the facts did not disclose whether the Secretary-General of IMO had the power to amend the powers of the SAB retrospectively to permit the SAB to make a decision rather than a recommendation or, more pertinently, by subsequent fiat, to convert a recommendation of SAB into a decision. UNAT held that the source of the Secretary-General¡¯s power to introduce interim measures was not clear and that there may be other constraints upon his...

UNAT agreed that the Secretary-General has implied discretion to revoke benefits if a staff member does not satisfactorily furnish evidence of continued eligibility of existing entitlements, which may arise because of a change in circumstances. UNAT also found that UNDT did not err when it held that the legal frameworks for the two benefit systems are different and that the decisions made under the two legal regimes need not be consistent. Article 33 of the UNSPF Regulations does not require proof of a loss of earning capacity and the requirement of ¡°incapacitation¡± is a purely medical...