¹ú²úAV

Based on the applicable legal framework, the Administration can determine the status of eligibility of staff members in connection with dependency entitlements, which include dependent child allowance, and proceed to recover any amounts when a staff members fail to comply with their relevant obligations.

Pursuant to Annex III of ST/IC/2020/12, for a child of a staff member who is not the custodial parent or who has joint custody of the child, which is the case of the Applicant, the amount of payment to be eligible for a child dependency allowance should be at least the amount of the court...

Mr. Kuate appealed.  UNAT dismissed Mr. Kuate's contention that there was no basis until 1 April 2019, date of the final divorce decision, for the recovery of the allowances on grounds that the Cameroonian judgments were not final until that date. UNAT found that Order No. 791 contained an enforceability clause and therefore the measures provided in that order went into force with immediate effect. Consequently, Mr. Kuate and his wife legally separated on 26 November 2015 when the order was issued. Also, on the basis of this order, from this day on Mr. Kuate had legal custody for (only) two of...

There was no express indication that the Judgment of the 11th Judicial Circuit Court was executable upon issuance, neither was the issue investigated by the administration in the proceedings leading to the impugned decision. Rather, pertinent documents focus on the finality, apparently presumed from the title ‘Final judgment of dissolution of marriage’. The title should not have been relied upon. The contested decision was not based on a court order whose enforceability was unequivocal. The Tribunal did not find any indication of the judgment by the Third District Court of Appeal of the State...

UNAT dismissed the appeal, finding it not receivable. The Tribunal explained UNDT decisions on applications for suspension of action are not subject to appeal, pursuant to Article 2(2) of the UNDT Statute. The Tribunal also noted that this case did not fall under the narrow exceptions when appeals against interlocutory orders are allowed, i.e. when it is alleged that the UNDT has exceeded its competence or jurisdiction. UNAT did not find any excess of jurisdiction in the instant case and therefore deemed the appeal irreceivable.