UNDT/2011/214

UNDT/2011/214, Ruis

UNAT Held or UNDT Pronouncements

The Tribunal examined whether the two-year limitation for the recovery of the overpayment as stated in ST/AI/2009/1 applied to the case at hand. While it was undisputed that the overpayment resulted from an error on the part of the Organization, the Tribunal found that the Applicant could not seriously claim that she was unaware or that she could not reasonably have been expected to be aware of the overpayment, and it therefore concluded that the two- year limitation could not apply to her.

Decision Contested or Judgment/Order Appealed

The Applicant contests inter alia the decision of the UNON Administration to recover the overpayment of security allowances made to her during the period from September 2002 to June 2010. In June 2008, the Applicant received, in addition to her monthly salary, an amount of USD24,662.07 related to a security allowance. In November 2008, she was transferred from Nairobi to Geneva. In January 2009, she informed the Administration of possible mistakes in her payslips related to some security allowances that she continued to receive. In July 2010, the Administration informed her that an overpayment of security allowances had erroneously been made to her and in October 2010, the Applicant was informed of the contested decision, to wit, that an overpayment of USD33,662 would be recovered from her salary.

Legal Principle(s)

N/A

Outcome

Dismissed on merits

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Ruis

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