AV

UNDT/2024/006

UNDT/2024/006, MP

UNAT Held or UNDT Pronouncements

Since the ABCC was advised by a technical body its decision does not require management evaluation.

The Tribunal determined that the application was properly made but it was denied because the Tribunal could find no fault with the decision of the ABBC to deny the Applicant's claim for an entitlement to compensation for injury and illness incurred during and resulting from employment on the behalf of the United Nations.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision of the Advisory Board on Compensation Claims (“ABCC”), dated 7 October 2022, denying his claim for compensation for illness incurred during the performance of official duties on behalf of the United Nations Mission in South Sudan (“UNMISS”).

Legal Principle(s)

The test to determine eligibility to compensation is that the illness must be incurred during the performance of official duties.

To determine whether the factual circumstances surrounding the Applicant’s illness fall into the category of being “incurred during performance of official duties” it is necessary to look at the detailed facts surrounding his case for compensation.

Outcome
Dismissed on merits

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.