UNDT/2023/107, Applicant
The issue in this case is whether EG and SEG consist of two independent benefits that can be granted in combination.
Pursuant to sec. 6.1(a) of ST/AI/2018/2/Amend.1, the overall maximum amount of SEG shall be equal to the upper limit of the top bracket of the global sliding scale applicable to the education grant scheme. The law does not allow an interpretation where EG and SEG can be ¡°stacked¡±.
Indeed, the difference between EG and SEG is in the percentages of reimbursement that eligible staff members are entitled to receive. This difference in reimbursement percentage addresses the...
UNDT/2023/096, Bisimwa
The Tribunal established that there was no evidence to support the Administration¡¯s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.
Regarding the Applicant¡¯s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus he failed to sustain his burden of both production and proof. As a result, the request for moral damages was denied.
In light of the Tribunal¡¯s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to him, calculated at the...
UNDT/2023/097, Kalambi
The Tribunal established that there was no evidence to support the Administration¡¯s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.
Regarding the Applicant¡¯s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus he failed to sustain his burden of both production and proof. As a result, the request for moral damages was denied.
In light of the Tribunal¡¯s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to him, calculated at the...
UNDT/2023/098, Kawende
The Tribunal established that there was no evidence to support the Administration¡¯s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.
Regarding the Applicant¡¯s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus he failed to sustain his burden of both production and proof. As a result, the request for moral damages was denied.
In light of the Tribunal¡¯s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to him, calculated at the...
UNDT/2023/099, Afazali
The Tribunal established that there was no evidence to support the Administration¡¯s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.
Regarding the Applicant¡¯s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus he failed to sustain his burden of both production and proof. As a result, the request for moral damages was denied.
In light of the Tribunal¡¯s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to him, calculated at the...
UNDT/2023/100, Mukwamba
The Tribunal established that there was no evidence to support the Administration¡¯s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.
Regarding the Applicant¡¯s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus he failed to sustain his burden of both production and proof. As a result, the request for moral damages was denied.
In light of the Tribunal¡¯s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to him, calculated at the...
UNDT/2023/101, Mutombo
The Tribunal established that there was no evidence to support the Administration¡¯s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.
Regarding the Applicant¡¯s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus he failed to sustain his burden of both production and proof. As a result, the request for moral damages was denied.
In light of the Tribunal¡¯s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to him, calculated at the...
UNDT/2023/102, Amisi
The Tribunal established that there was no evidence to support the Administration¡¯s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.
Regarding the Applicant¡¯s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus he failed to sustain his burden of both production and proof. As a result, the request for moral damages was denied.
In light of the Tribunal¡¯s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to him, calculated at the...
UNDT/2023/103, Kabila
The Tribunal established that there was no evidence to support the Administration¡¯s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.
Regarding the Applicant¡¯s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus she failed to sustain her burden of both production and proof.
In light of the Tribunal¡¯s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to her, calculated at the US prime rate. The Applicant¡¯s claim for financial and...
UNDT/2023/104, Ngoie Mwenge
The Tribunal established that there was no evidence to support the Administration¡¯s position. Therefore, the Tribunal held that the contested decision was arbitrary, capricious, and unlawful.
Regarding the Applicant¡¯s claim for damages, the Tribunal concluded that no evidence was presented by the Applicant and thus he failed to sustain his burden of both production and proof.
In light of the Tribunal¡¯s findings, the Respondent was ordered to pay to the Applicant four months of interest on the money that was due to him, calculated at the US prime rate. The Applicant¡¯s claim for financial and...