¹ú²úAV

UNDT/2018/054

UNDT/2018/054, Vattapally

UNAT Held or UNDT Pronouncements

The Tribunal noted that the provisions of both the former Staff Rules and the former mobility Administrative Instruction were very clear in that staff members holding temporary appointments are not eligible to receive mobility allowance.; The Tribunal found that the period when the Applicant held temporary appointments could not count towards the requirement of five years’ prior consecutive service.; The Tribunal noted that the Applicant resigned in 2014 from his appointment in the General Service category, which he had held since 1993, and later received successive temporary appointments for a period of one year before being re-employed on a fixed-term appointment on 1 September 2015. The Tribunal found that though the Applicant’s employment with the Organization was consecutive, part of the consecutive employment was marked by a type of contract that does not amount to qualifying service for the purposes of being granted mobility allowance. The Tribunal therefore rejected the application.

Decision Contested or Judgment/Order Appealed

Decision not to pay mobility allowance to the Applicant.

Legal Principle(s)

N/A

Outcome
Dismissed on merits
Outcome Extra Text

Judgment vacated by UNAT Vattapaly 2018-UNAT-891.

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
Vattapally
Entity
Case Number(s)
Tribunal
Registry :
Date of Judgement
Judge(s)
Language of Judgment
Issuance Type