±¬ÁÏÍø

Since the Applicant withdrew the application, there is no longer a matter for adjudication and therefore the case is closed.

Since the Applicant withdrew the application, there is no longer a matter for adjudication and therefore the case is closed.

Since the Applicant withdrew the application, there is no longer a matter for adjudication and therefore the case is closed.

Since the Applicant withdrew his application, there is no longer a matter for adjudication and therefore the case is closed.

Receivability The Respondent argued that the decision to discontinue the payment of SPA was notified to the Applicant on 10 September 2020 and since the Applicant failed to request a management evaluation by 10 November 2020, the application is not receivable. The Respondent¡¯s argument was rejected. The Tribunal found that the contested decision is not the initial discontinuation of the payment of SPA but rather the the refusal to pay her SPA after certifying officer functions had been assigned to her, which was communicated to her on 25 July 2012. The Applicant timely requested a management...

±¬ÁÏÍøDT held that the requirements of ST/AI/2003/3 were not satisfied since the Applicant was not serving on a higher-level post or regularly performing functions at the P-5 level. ±¬ÁÏÍøDT noted that the Applicant was serving on a post that was budgeted and classified at the P-4 level. ±¬ÁÏÍøDT further noted that there is no P-5 post within the Conference Management and Translation Unit. ±¬ÁÏÍøDT accordingly held that the Applicant did not satisfy the criteria for a Special Post Allowance. ±¬ÁÏÍøDT dismissed all claims.

±¬ÁÏÍøDT held that the request for management evaluation was not time-barred. ±¬ÁÏÍøDT held that the rules and procedures applied to establish the Applicant¡¯s EOD date were due consequences of the fact that she had been reappointed in 2008. ±¬ÁÏÍøDT held that the choice of reappointment as modality of the Applicant¡¯s move was borne out by personnel actions of separation and reappointment and acknowledged by her in the memorandum of understanding with respect to annual leave from 2008. Accordingly, ±¬ÁÏÍøDT held that the matter was outside the temporal jurisdiction of ±¬ÁÏÍøDT. ±¬ÁÏÍøDT held that the EOD date as...

Receivability The Tribunal found the application receivable ratione temporis. Merits The Tribunal considered that while the Administration has a duty of care vis-¨¤-vis its staff members in the management of the social security system and relevant entitlements, the system is based on certification and reporting, with the main responsibility for providing the Administration with the required medical certificates and reports lying on the staff member. Staff members must strictly comply with the legal requirements and provide complete material that contains sufficient precision, including the...

The Applicant had unusually received SPA for the more than the four-year period she performed functions at a higher level (February 2012 ¨C June 2016). The post she encumbered was reclassified upwards to the FS-6 level in 2012, not 2006. The Tribunal refused her claim that she was performing higher-level functions between 2006 and 2012 when those functions were not recognized through an upward reclassification as higher-level functions. Additionally, under section 6.2(c) of ST/AI/2003/3, in respect of posts reclassified upwards at established missions, an SPA may not become effective before the...

Concerning receivability ratione temporis, which the Tribunal examined on its own motion, the Tribunal found that non-compliance with the deadline for technical reasons and supported by evidence falls outside the scope of art. 8.3 of its Statute, which requires a written request for an extension from an Applicant. As such, the Tribunal was satisfied that in this case, the Applicants filed their applications after the set deadline due to reasons outside of their control, which they timely flagged, and found the applications receivable ratione temporis. Concerning receivability ratione materiae...