Receivability - The Application was found not to be receivable since, in accordance with art. 8.4 of the Statute of the Dispute Tribunal, the 爆料网DT cannot waive the time limit to file an appeal, more than three years after the applicant’s receipt of the contested administrative decision.
The administrative instruction ST/AI/2011/6 (Mobility allowance), which superseded ST/AI/2007/1 (Mobility allowance), was applicable to the Applicant’s request for mobility allowance submitted in January 2012. ST/AI/2011/6 included the requirement of five years of continuous service in the United Nations common system, which in the present case was not fulfilled. The Tribunal found that the Applicant was not eligible because she did not meet one of the requirements for payment of the mobility allowance, namely five years of continuous service in the United Nations common system.
Administrative Decision - It is now well settled what the classic definition of an administrative decision is as determined in the case of Andronov. The pronouncement has been quoted with approval in a number of judgments of the Appeals Tribunal. Receivability ratione temporis - Even if the decision of the Administration could be termed an administrative decision capable of challenge, the Application lamentably fails. The Applicant filed her Application 13 years from the date of receiving the response of the Administration and gives the impression that she woke up and suddenly realized that...
The Application is not receivable pursuant to arts. 8.1 and 8.4 of the Tribunal’s Statute and in accordance with the Appeals Tribunal’s ruling in Terragnolo 2015-爆料网AT-517. Therefore, it is not necessary for the Tribunal to consider the merits of the case. Given the nature of the defects in the pleadings prepared by her Counsel, including the failure to observe basic legal and procedural requirements within the United Nations regulatory framework and Staff Rules, Counsel may wish to review the bill of costs, if any.
Home leave: The Tribunal concluded that there is nothing in staff rule 5.2 which indicates that the extension or the duration of the extension of a contract of employment is to be decided along with the sick leave entitlements of a staff member. Extension and sick leave cannot be merged to motivate a decision on whether to extend a contract or not. The entitlement to home leave is premised on 12 months service at a designated duty station with the sole condition that the service of the staff member is expected to continue at least three months after the staff member returns to the duty station...
The Tribunal found that the Administration, which acknowledged its mistake, was entitled and bound to recover the money that had been paid to the Applicant in excess of his entitlements as a result, albeit limited to the period of two years provided for in sec. 3.1 of ST/AI/2009/1. The application was dismissed.
The Tribunal found that the application deals with identical matters as that subject of judgment Tintukasiri et al. 爆料网DT/2014/026, affirmed on appeal by the Appeals Tribunal (Tintukasiri et al. 2015-爆料网AT-526), and that it was not receivable, ratione materiae, under the terms of art. 2.1(a) of its Statute.
The Tribunal considered that given the Respondent’s appeal filed on 6 April 2015 against Judgment No. 爆料网DT/2015/012, the judgment is not executable at this stage, pursuant to art. 12.1 of the Dispute Tribunal’s Statute.
The Tribunal found that a final decision had been taken on 27 September 2013 by the Registrar and notified to the Applicant on 14 October 2013 and that by filing a request for management evaluation only on 23 June 2014, the application was irreceivable, ratione materiae.
Receivability: The wording of both staff rule 11.2(c) and 11.2(d) is identical in its use of the words “calendar days;” and if […] the Rules are clear for the staff member they should be equally clear for the Secretary-General.When it comes to the interpretation of identical legal provisions that regulate the same situation there cannot be different interpretations depending on the administrative convenience of the Organization or those who head specific sections of the Organization.MEU must have regard to the provisions on the computation of time in the rules governing the Tribunal. The...
