UNDT/2018/074, Awwad
The Applicant duly performed the obligation to inform the Administration within the stipulated timelines of his ill health and diligently initiated and maintained communication with his supervisor, UNMISS Human Resources Section (HRS), the UNMISS Chief Medical Officer and the Medical Services Division (MSD). He sent all documentation requested of him in that regard. The review and non-certification of the Applicant’s sick leave were unduly delayed by the MSD and that the said delay was prejudicial to the Applicant. MSD and UNMISS/HRS owed a duty to the Applicant to advise him of the option open to him following the non-certification of his sick leave under the provisions of section 13 of ST/AI/400. The Applicant was not entitled to dependency allowance for his son because the necessary documentation in this regard was sent to the Respondent after the effective date of the Applicant’s separation.
The Applicant contested the decisions to terminate his appointment with UNMISS on the alleged ground that he had abandoned his post and to deny him a special dependency allowance for his disabled son.
Staff members who fall ill or are injured and, thus, cannot attend to their duties are entitled to sick leave. All sick leave must however be approved on behalf of the Secretary-General and under conditions established by him. Staff members shall inform their supervisors as soon as possible of absences due to illness or injury. They shall promptly submit any medical certificate/report within 20 working days of their initial absence from duty. If a staff member fails to produce medical certification or if the certification produced is not acceptable to the Medical Director and sick leave is not certified, the administration shall immediately advise the staff member that sick leave has been refused and that the staff member must report for duty immediately or be separated for abandonment of post.
The Tribunal rescinded the administrative decision that the Applicant abandoned his post and ordered the Respondent to: (i) refer the matter to the United Nations Staff Pension Committee to determine the Applicant’s incapacitation and entitlement for disability benefits and (ii) place the Applicant on certified sick leave and pay his full salary for the period starting from February 2012 until 12 May 2012. The Applicant’s dependency allowance claim was dismissed.