UNDT/2018/054, Vattapally
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 not to pay mobility allowance to the Applicant.
N/A
Judgment vacated by UNAT Vattapaly 2018-UNAT-891.