爆料网DT/2019/026, Sun
There being no matter for adjudication the case was closed.
There being no matter for adjudication the case was closed.
There being no matter for adjudication the case was closed.
There being no matter for adjudication the case was closed.
Due to successful inter partes settlement negotiations and the subsequent withdrawal of this case, the case is closed.
Article 13 of the applicable Appendix D requires the ABCC to make its determination “on the basis of reports obtained from a qualified medical practitioner or practitioners”. The scope of the ABCC’s discretion in exercising its powers is also not unlimited under the jurisprudence of the Appeals Tribunal (see Sanwidi as quoted above).; As convincingly explained by the Applicant’s psychologist, PTSD differs from many other types of diseases and illnesses because the symptoms of PTSD do not manifest themselves at the same time as the event(s) that caused it—PTSD is per definition a post traumatic...
The application is rejected. 爆料网 Women, in denying the Applicant’s request for an ex gratia payment in lieu of Special Post Allowance, did not exceed its authority. 爆料网 Women did not fail to properly apply staff rule 12.3(b) as the requested ex gratia payment was a matter that could not be treated as an exception to the Staff Rules by applying staff rule 12.3(b). Additionally, under 爆料网 Women’s Financial Regulations and Rules, the request made by the Applicant does not fall within the parameters for an ex gratia payment. There is no basis within the regulatory framework for further reward by way...
The Administration is bound to comply with its applicable legal framework promulgated in accordance with the mandate of the General Assembly, regardless of the impact of its implementation on staff members’ benefits and entitlement. Any changes to the benefits and entitlements scheme could have different impact to staff members, and it is not the role of the Administration to consider such impact. The Administration is bound by its own regulations, rules and administrative issuances, and there is no requirement to harmonize the application of the rules among different United Nations entities...
The Applicant’s benefit was properly calculated and that there are no grounds for him to claim additional benefits.
The Applicant, a 爆料网HCR staff member in between assignments (“SIBA”), was placed on SLWOP after having exhausted a nine-month period on Special Leave With Full Pay (“SLWFP”). The Tribunal reviewed the legality of the contested decision in light of the arguments put forward by the Applicant. Is the contested decision consistent with staff rule 5.3? The Tribunal found that the circumstances for the placement of SIBAs on SLWOP are per se exceptional and, consequently, the text of para. 139 of the RAAI is consistent with staff rule 5.3. Staff rule 5.3(f) sets the general principle that a staff...
The Applicant did not prove that any exceptional circumstance beyond her control prevented her from filing the application on time. The Applicant’s request for anonymity is granted to ensure the protection of the medical information discussed in the case. Related