UNDT/2020/080

UNDT/2020/080, Benche

UNAT Held or UNDT Pronouncements

The Applicant was not entitled to an increase in step, therefore, the Administration had the right to the correction of an error, and it did not constitute a retroactive application of rules and regulations. The Administration lawfully recovered the overpayment of entitlements resulted from an administrative error.

Legal Principle(s)

In situations where the Administration finds that it has made an unlawful decision or an illegal commitment, it is entitled to remedy that situation. The purpose of staff regulation 12.1 is to ensure that staff members are not deprived of a benefit once the legal requirements for claiming the benefit have been fulfilled and the doctrinal protection of acquired rights is essentially an aspect of the principle of non-retroactivity. The aim is to protect individuals from harm to their vested entitlements caused by retrospective statutory instruments.

Outcome

Dismissed on merits

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Full Judgment

Applicants/Appellants

Benche

Entity

Case Number(s)

Tribunal

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