UNDT/2020/010, Alquza
The application is rejected. UN Women, in denying the Applicant’s request for an ex gratia payment in lieu of Special Post Allowance, did not exceed its authority. UN Women did not fail to properly apply staff rule 12.3(b) as the requested ex gratia payment was a matter that could not be treated as an exception to the Staff Rules by applying staff rule 12.3(b). Additionally, under UN Women’s Financial Regulations and Rules, the request made by the Applicant does not fall within the parameters for an ex gratia payment. There is no basis within the regulatory framework for further reward by way of ex gratia payment. The Applicant is not entitled to the relief claimed.
The Administration’s refusal to grant an ex gratia payment in lieu of Special Post Allowance.
The Dispute Tribunal has the inherent power to individualize and define the administrative decision challenged by a party and to identify the subject(s) of judicial review. Staff rule 12.3(b) only gives a staff member a right to have a request for an exception considered, but not to have it granted. The three elements of Staff Rule 12.3(b) are: (a) Such an exception must be consistent with the Staff Regulations and other decisions of the General Assembly; (b) Such an exception must be agreed to by the staff member directly affected; and (c) Such an exception, in the opinion of the Secretary-General, must not be prejudicial to the interests of any other staff member or group of staff members. The Administration is given a certain latitude of discretion under staff rule 12.3(b). the Dispute Tribunal’s judicial review is limited to legal matters, in particular how the decision-maker reached her/his decision, and it is not to replace the decision-maker by assessing the correctness of the merits of this decision. Doctrine of equal pay for equal work by reference to art. 23.2 of the Universal Declaration of Human Rights. The doctrine would not apply as this would otherwise render staff rule 3.10(a) and (b) unlawful and that the Dispute and Appeals Tribunals do not have the power to overturn these provisions.