UNDT/2024/069

UNDT/2024/069, Larriera

UNAT Held or UNDT Pronouncements

The Tribunal concluded that the Applicant was entitled to full compensation as provided for under Appendix D, with no deductions. The Tribunal also observed that the Applicant was entitled to receive interests for the delayed payment.

In view of the foregoing, the Tribunal:

a. Granted the application and rescinded the contested decision;

b. Directed the Respondent to pay to the Applicant the compensation under Appendix D with no deduction for pension benefits paid to third parties; and

c. Directed the Respondent to pay to the Applicant for the delayed payment of said compensation the interest at the US Prime Rate, from the moment the compensation was due to the payment date.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision of the Advisory Board on Compensation Claims to “deduct from the Applicant’s entitlement to compensation as a surviving spouse the amount of pension benefits being paid although she was not receiving any part of those benefits”.

Legal Principle(s)

In the event of a service-incurred death of a staff member, the United Nations pays compensation to the staff member’s spouse or other eligible dependent(s).

Outcome

Judgment entered for Applicant in full or in part

Outcome Extra Text

The Tribunal directed the Respondent to pay to the Applicant:

a. The compensation under Appendix D with no deduction for pension benefits paid to third parties; and

b. The interest at the US Prime Rate, from the moment the compensation was due to the payment date.

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.

Full Judgment

Applicants/Appellants

Larriera

Entity

Other Agency/Fund/Programme/UN Entity

Case Number(s)

UNDT/NBI/2024/026

Tribunal

UNDT

Registry :

Nairobi