AV

UNDT/2011/108, Scott

UNAT Held or UNDT Pronouncements

Method of interpretation: The interpretation of a statutory document proceeds first by establishing the plain meaning of the words in the context of the document as a whole. Only if the wording is ambiguous should the Tribunal have recourse to other documents or external sources to aid in the interpretation.Respondent’s discretion in providing benefits: As a matter of principle, the Administration has no discretion in the granting of allowances but is bound to strictly apply the applicable rules.Outcome: Application rejected on the merits

Decision Contested or Judgment Appealed

In 2008, the Applicant claimed and received a full dependency benefit for his spouse, indicating that her expected income would be USD34,200. In 2009, he certified that his spouse’s income for 2008 had in fact amounted to USD47,236. Based on this reported income, the Administration considered that the Applicant was not entitled to a full dependency benefit for 2008 because his spouse’s income for that year had exceeded the maximum amount set under former staff rule 103.24(a). It however determined that the Applicant was entitled to an adjusted dependency benefit in accordance with ST/AI/2000/8, and it started to recover the overpayment. The Applicant objects to the Administration’s method of calculation. In particular, he submits that, for the purpose of determining the maximum amount set under staff rule 103.24(a), account should be taken of “equivalent purchasing power between duty stations”. The Tribunal considers that the Applicant’s reliance on the concept of purchasing power is not supported by the plain meaning of former staff rule 103.24(a). It accordingly dismisses the application.

Legal Principle(s)

N/A

Outcome
Dismissed on merits

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/ Appellants
Scott
Entity
Case Number(s)
Tribunal
Registry Location :
Date of Judgment
Judge(s)
Language of Judgment
Issuance Type