UNDT/2017/044, Kisia
Receivability before the UNCB. As follows from art. 12 read together with art. 14(b)(ii) of ST/AI/149/Rev.4, for a compensation claim for damage to be receivable before the UNCB, the relevant staff member is required (“shall”) to take the following mandatory and cumulative actions, setting forth in detail all relevant circumstances to UNCB: (a) to notify the United Nations authorities and the local police about the incident as soon as possible; (b) to submit all pertinent evidence; (c) in case the staff member holds valid personal insurance at the date of the incident, to take all the reasonable steps to receive suitable compensation under this insurance coverage prior to submitting the claim to the UNCB and then to provide the UNCB with results thereof, including whether the damages were covered totally or partially by the insurance company. If a claim is found not receivable, nor UNCB neither the ASG/Controller is to make, respectively, a recommendation or determination of the substance of the claim.
The Applicant, a former UN staff member at the S-2, step 6, level with the DSS at UNHQ in New York, contested, in essence, the ASG/Controller’s decision to deny him compensation under ST/AI/149/Rev.4 (Compensation for loss of or damage to personal effects attributable to service) for damages to his private vehicle in connection with an accident at UNHQ. The Tribunal upheld the ASG/Controller’s decision to reject the claim as not receivable but rejected her determination of the claim on its merit. The Tribunal awarded the Applicant USD 3,500 compensation for the approximately seven months’ procedural delays attributable to the Administration.
N/A
Only financial compensation