UNDT/2014/096, Reid
Receivability - The Tribunal accepted that the extended use of the temporary appointments was the reason for the disparity in the amount of relocation grant that the Applicant was entitled to and that this negatively affected the Applicant. This however was the subject of a settlement agreement between the parties. Further, in this Application the Applicant was effectively asking the Tribunal to find that the Rules on relocation grant for temporary employees are unlawful. Those rules were based on resolutions of the General Assembly. Pursuant to art. 2 of the UNDT Statute the Tribunal’s jurisdiction is limited to a review of the Respondent’s application of the Organization’s regulations, rules and administrative issuances. The Tribunal has not been vested with the power to review General Assembly resolutions. Equality - The general principle of “equal pay for equal work” enshrined as a right under article 23(2) of the Universal Declaration of Human Rights does not prevent the legislative body or the Administration from establishing different treatment for different categories of workers or staff members, if the distinction is made on the basis of lawful goals.
The Applicant is a former staff member of the United Nations Support Mission in Libya (UNSMIL) who was employed on a series of temporary contracts for over one and a half years. In his Application, he averred that on relocation to Libya from Canada he was entitled to receive a full relocation grant, that is, the same as a staff member on a Fixed-Term Appointment (FTA).
N/A