UNDT/2015/099

UNDT/2015/099, Awe

UNAT Held or UNDT Pronouncements

The Tribunal found the Applicant's reassignment was a proper exercise of the Secretary-General's discretion and dismissed the application. Reassignment of the Applicant: The Tribunal found that the relocation of the Applicant to Kuwait was prompted by administrative and humanitarian reasons based on space constraints in UNAMI in order to accommodate more humanitarian staff who were dealing with the influx of refugees from Syria. Accordingly, the Tribunal concluded that the Secretary-General's exercise of discretion was not tainted by any improper motives. Payment of DSA, hardship and mobility allowances: The Tribunal concluded that the Applicant was only entitled to DSA and/or hardship allowances for the days he actually spent in Baghdad ,which is classified as category E for purposes of hardship allowances and other entitlements as provided by ST/IC/2013/23. The Applicant cannot be entitled to what is not due to him in law.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision to change his duty station from Baghdad to Kuwait retroactively and to deprive him of the entitlements due to staff members serving in Baghdad.

Outcome

Dismissed on merits

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Awe

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