51ÁÔÆæ

Likelihood of being offered a new contract: The Applicant did not just lose a chance of being considered for a new position; rather, it was only reasonable to assume that the Applicant would have been offered a new contract, had UNICEF properly complied with its own rules. Length of a new contract: Had UNICEF fulfilled its obligations, the Applicant would have been offered a new contract as a two-year fixed-term appointment. Possible renewal: It could not be assumed that, had the Applicant been offered a new contract, then this contract would automatically have been renewed indefinitely¡ªthe...

The Tribunal rescinded the decision finding that, in accordance with the plain meaning of ST/AI/2007/3, service with the United Nations Organization does not need to be continuous for a staff member to be eligible to receive ASHI. Staff Rule 4.17 is not applicable to the question of ASHI.

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 impugned decision is not a mere reiteration of a prior decision as in response to the Applicant¡¯s request for reconsideration, the Applicant¡¯s case was resubmitted to the Committee. Thus, the Committee¡¯s decision notified to the Applicant subsequently is subject to this Tribunal¡¯s review. The Health and Life Insurance Section¡¯s advice or failure to give proper advice is not an administrative decision subject to judicial review. Under the applicable procedures related to exceptional reimbursements, it provides that claims for services and treatments not covered under the insurance programme...

The first issue is determining the Applicant¡¯s date of recruitment as that date establishes the legal framework for the Applicant¡¯s eligibility for ASHI. Under the applicable legal framework, staff members recruited before 1 July 2007 would be eligible for ASHI after five years of eligible service, whereas staff members recruited after 1 July 2007 would be eligible for ASHI after 10 years of eligible service. The Applicant held several appointments of limited duration in 2005-2010 before she was re-employed by UNDP on a fixed-term appointment in November 2010. The Tribunal found that, under...

The case is moot since a cheque for the reimbursement of a dental claim was already issued prior to the filing of this application. There is no longer any administrative decision to be contested, and the dispute is resolved. It appears that the only remaining issue is an arrangement to make a payment of the bank fee by issuing a cheque or transferring money to the Applicant¡¯s account. This is not a legal question for the Tribunal to adjudicate upon. Regarding moral damages, she has failed to provide any evidence to support her claim of moral damages in either her request for management...

Management evaluation of the decision concerning Applicant's share of contribution for medical insurance not filed within the statutory deadline. Consequently, this part of the application is not receivable ratione materiae. Application is receivable concerning the decision concerning the Applicant's share of contribution for the United Nations Joint Staff Pension Fund (UNJSPF). Art. 25.b)i) of the UNJSPF Regulations clearly provides that contributions during SLWOP are paid either 1) in full by the staff member, 2) in full by the employing Organization or 3) partly by the staff member and...