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The UNAT held that the ISA JAB was correct in determining that Ms. Nguyen was: (1) not entitled to a repatriation grant from ISA; (2) not entitled to payment for unused accrued annual leave, which was transferred to her subsequent employer, UNRWA; (3) not entitled to reimbursement for certain school supply expenses; and (4) not entitled to the non-removal allowance, which was a discontinued benefit. However, the UNAT also held that the ISA JAB erred in denying Ms. Nguyen a relocation grant, and erred in denying her the travel expenses and travel time from Kingston, Jamaica to New York.  The...

The Tribunal notes that it follows from ST/SGB/2019/2 that the Secretary-General has delegated the relevant authority to the Under-Secretary-General for Management Strategy, Policy and Compliance (“the USG”), who in turn, has sub-delegated it to the ASG in accordance with a table of sub-delegation dated 1 March 2021 that the Respondent has submitted in evidence.  In a note on “delegation details” valid from 15 April 2021 is stated that, “This sub-delegation of decision-making authority addresses a technical error in the attachment of the sub-delegation of decision-making authority issued on...

Pursuant to staff rule 11.2(c), the Applicant should have requested management evaluation of the 31 August 2021 decision by 30 October 2021, or even earlier, if the intent was to argue against the recovery decision communicated between 30 June and 9 July. The Applicant was contemplating resorting to management evaluation already in July 2021, he, however, requested management evaluation only on 3 November 2021, which was after both deadlines.

UNAT considered an appeal by the Secretary-General on the matter of the interest. UNAT held that UNDT has the power to award interest but erred in ordering the payment of interest at the rate of eight per cent per annum. UNAT allowed the appeal in part, set aside the award of interest from the UNDT judgment, and awarded interest at the US Prime Rate applicable at the date that the entitlements became due. UNAT held that if the judgment was not executed within 60 days, five per cent should be added to the US Prime Rate from the date of expiry of the 60-day period to the date of payment of the...

UNAT held that UNDT did not exceed its competence in ordering the payment of interest from the due date of the relocation grant, but that UNDT had erred in setting the interest rate at 8 per cent. UNAT held that both UNDT and UNAT must have the power to award interest in the normal course of ordering compensation. UNAT affirmed the UNDT judgment and Order No. 30 to the extent that UNDT awarded interest on the relocation grant and replaced the interest rate of 8 per cent with the United States prime rate applicable on 4 May 2008 (5 per cent).

UNAT considered an appeal by Secretary-General. The Secretary-General contended that UNDT erred by failing to recognize that the second contract by which Mr. Castelli’s appointment was extended beyond a year was invalid because it had not been submitted for review by a central review body. UNAT held that, unless it is fake or fraudulent, a staff member’s appointment contract gives rise to entitlements upon the signing and acceptance by the staff member of their letter of appointment. UNAT held that this is true even where the administration improperly handled the recruitment process. UNAT held...

UNAT noted that the Appellant was not bringing a claim that he did not receive the benefits and entitlements which pertained to a temporary appointment, but rather his allegation was that the General Assembly resolutions which gave rise to the rules and administrative issuances regulating his employment did not adhere to the principle of equal pay for equal work and were contrary to a myriad of international human rights instruments to which the Organisation was bound to adhere. UNAT held that the policy change for staff members on temporary contracts was binding on the Secretary-General, who...

UNAT held that the appeal was receivable as the Appellant had partially prevailed before UNDT and was entitled to file an appeal to pursue the modification, annulment, or vacation of the impugned judgment. Noting that the crux of the matter before it was the issue of the exchange rate used to calculate the repatriation grant, UNAT held that there was no fault in the UNDT finding that the correct rate was applied because the applicable rate was that which applied on the date of receipt of the proof of relocation. UNAT held that the Appellant did not demonstrate that the UNDT committed any error...

UNAT considered Mr Newland’s application for interpretation of judgment No. 2018-UNAT-820. UNAT held that, given that Mr Newland had already been paid Special Post Allowance, Hazard pay, and outstanding interest, the only questions requiring determination were whether he was entitled to payment of Rest and Recuperation (R&R), free tickets, and the relocation grant. UNAT accepted that there was a degree of uncertainty regarding these questions. UNAT held that Mr Newland’s claim that he was entitled to the payment of R&R was unsustainable, as it was not an accruable benefit or entitlement. UNAT...

“Continuous service” occurs if a staff member under two or more consecutive contracts works without any break in employment. A break-in-service cannot be taken into account if the staff member continues to work and be paid. Not every break in employment will effect a discontinuity for the purpose of calculating entitlements. Based on its failures to follow its own internal procedures or its alleged mistakes, the Administration may not impose a break-in-service in order to deny a staff member benefits to which he would otherwise have been entitled. Outcome: Payment of relocation grant to the...