UNAT Held or UNDT Pronouncements
The Tribunal held that the Applicant had not completed 28 days of uninterrupted qualifying physical presence when he departed on 13 june 2024. His sbsequent absence interrupted the qualifying cycle, and the days could not be credited towards R&R.
Decision Contested or Judgment/Order Appealed
The Applicant, a United Nations staff member stationed in Mogadishu, contests the Mission's decison to deny his R&R entitlement and convert the days taken as R&R to annual leave, after hedeparted the mission area three days before completing the required 28-day R&R qualifying period without obtaining prior approval for advance R&R.
Legal Principle(s)
A staff member's entitlement to Rest and Recuperation arises only when upon completion of the prescribed period of uninterrupted physical presence at the designated duty station. Time spent ouside the duty station cannot be counted toward qualifying service, and any early departure required prior approval as advance R&R.; otherwise , the absence interupts qualifying service and may be charged to annual leave.
Outcome
Outcome Extra Text
The Tribunal identified two issues for determination
1. Whether the Applicant had satisfied the qualifying service requirement for R & R and,
2. Whether the administration lawfully converted the absence to annual leave.
The Tribunal held that the Applicant had not completed 28 days of uninterrupted qualifying physical presence when he departed on 13 june 2024. His sbsequent absence interrupted the qualifying cycle, and the days could not be credited towards R&R.