¹ú²úAV

UNAT noted that there had been a policy change in 1997 which meant that staff members who requested pension as a result of an accident suffered in the service of the Organisation post-1997 were granted it with the proviso that it would only be paid until they retired. UNAT held that, as the Appellant’s accident occurred long after the policy change in 1997, the changed policy was applicable. UNAT held that as the Appellant had reached retirement age at the time of the incapacitating injury, his appeal had to be dismissed. UNAT dismissed the appeal.

UNAT considered an appeal by the Secretary-General against judgment Nos. UNDT/2011/209 (on liability) and UNDT/2012/062 (on relief). UNAT held that there was no evidence to support the UNDT’s conclusion that, had the UN Staff Pension Committee (UNSPC) not proceeded with its determination, Ms Shanks would more likely than not have been found fit to resume her duties. UNAT held that the only valid conclusion available on the medical evidence was that Ms Shanks was not entitled to return to work on a part-time basis since she was not able to obtain medical clearance permitting it. UNAT held that...

UNAT considered an appeal by the Secretary-General. UNAT held that as the Secretary-General had clearly established the UNDT’s lack of jurisdiction, UNAT, therefore, made an exception to the general rule that only appeals against final decisions are receivable. UNAT held that, as the issue of jurisdiction did not go directly to the merits of the case, there was a need to receive the appeal at that time rather than to wait for the issue to be raised in an appeal against the final judgment. UNAT held that the appeal was receivable. On the merits, UNAT held that UNDT’s finding that there was one...

UNAT held that the grounds for appeal were not substantiated. UNAT held that the alleged delay in the disposal of the case at the lower level did not have any impact on the outcome of the case and was partially tolerated by the Appellant. On the merits, UNAT upheld the UNDT’s reasonable decision to accept the opinions of the attending doctor at the hospital and the UNIFIL Chief Medical Officer concerning the approximate time of Mr McKay’s death being some hours prior to Mr McKay arriving at the hospital. UNAT held that it was correct to conclude, as UNDT did, that, regardless of any deficiency...

UNAT found that the facts were not disputed in this case. UNAT found that the appeal addressed errors of law and fact, maintaining that the Organisation was liable for accidents that occur on the way home, either directly or by a detour. UNAT held that the UNDT judgment very clearly stated the applicable law in Appendix D of the Staff Rules and that there was no error in the ABCC’s practice not to cover injuries sustained during travel to and from work by an indirect route. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT considered an appeal by the Secretary-General. UNAT found merit in the Secretary-General’s submission that UNDT was not competent to determine or assume that the injury was service-related; to assume that there was a likelihood of the Advisory Board on Compensation Claims (ABCC) would have reached a different conclusion had it followed the correct procedure; that the ABCC made its recommendations based on uncertain facts and inference which were derived, improbably, from the absence of evidence; that after the second accident, the staff member was permanently disabled and unable to work...

UNAT held that the additional documents filed by the Appellant were inadmissible in that they were not relevant to the central issue in the present case. UNAT held that UNDT was correct in finding that the Appellant failed to identify a specific decision that had a direct and adverse impact on his contractual rights and thus did not identify an administrative decision capable of being reviewed. UNAT held that UNDT was correct in concluding that there was no evidence of the Appellant having requested management evaluation of any administrative decision, nor any evidence of having submitted...

UNAT held that UNDT erred in unilaterally establishing new starting points for the time to run for the purpose of filing claims with the ABCC that were contrary to the express text of Article 12 of Appendix D to the Staff Rules. UNAT held that this was a case where the staff member failed to appreciate the filing deadlines. UNAT held that ignorance of the law was no excuse for missing deadlines. UNAT held that it was open to the ABCC to find that the Appellant’s explanation for her delay did not constitute exceptional circumstances justifying the waiving of the four-month time limit prescribed...

UNAT refused the Appellant’s application for an oral hearing, noting that the Appellant was not entitled to call evidence on appeal that she should have presented to UNDT. UNAT held that UNDT correctly regarded itself as not competent to make medical findings contradicting the medical evidence. UNAT held that UNDT made no error in its finding that the ABCC’s recommendation had no connection with the attempted recovery of monies which was allegedly paid to the Appellant by the United Nations Federal Credit Union (UNFCU) by mistake. UNAT held that UNDT was quite correct in its opinion that the...

UNAT held that UNDT did not have the power to remand the case back to the ABCC, since an order under that provision requires the concurrence of the Secretary-General to that effect. UNAT held that the only proper course for UNDT to take was either to remand the case to the ABCC with the Secretary-General’s concurrence or to consider whether the procedural flaws warranted the rescission of the impugned administrative decision. UNAT held that UNDT, by making an order to remand the case to the Administration without the concurrence of the Secretary-General, exceeded its competence and committed...