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The Tribunal found that the refusal to pay the Applicant¡¯staxes was lawfuland that the Administration was not liable for the delay in processingof the claim.

The Applicant¡¯s own testimony undermined his claim of extenuatingcircumstances.Histestimony conclusively established thatthe Applicantdid not fileclaims for tax reimbursement in a timely manner because he mistakenly believed that he was not requiredto file and pay taxes to the United StatesGovernment uponexpiry of his permanent residence.His error came to light in August 2019, when the IRS placed alienon his bank account to...

Under the applicable legal framework, ±¬ÁÏÍøAMI and KJSO, like other United Nations organs, consistently and uniformly use the ±¬ÁÏÍøORE in all conversions to local currency, whether they involve transactions, determination of staff entitlements, or other financial recordings.

ST/SGB/2019/2 (Delegation of authority in the administration of the Staff Regulations and Rules and the Financial Regulations and Rules), do not allow for delegated authority in respect of ¡°exchange rate fluctuations¡±. ±¬ÁÏÍøAMI and KJSO therefore had no authority to overrule the said provision or to apply a different rate than the...

The Tribunal held that tax reimbursement is governed by a specific and unique legal regime carefully deliberated upon by the General Assembly. Staff regulation 3.3(f) cannot be read into ¡°other payments¡± in staff rule 3.17(ii).

The Tribunal agreed with the Applicant¡¯s understanding that payments under staff rule 3.17(ii) relate to all staff and all nationalities of the United Nations and are not restricted only to USA citizens as in the case for reimbursement of income tax under staff regulation 3.3(f). Hence, the two cannot be read together or have same application.

The Tribunal also agreed...

The ±¬ÁÏÍøAT dismissed the appeal.

The ±¬ÁÏÍøAT first held that the ±¬ÁÏÍøDT erred in law in retroactively applying WMO Staff Rule 193.3(c) when it examined her right to a termination indemnity. At the time the impugned decision was taken, only the 2019 WMO Staff Regulations and Rules were in force and should have been applied. The ±¬ÁÏÍøDT made an error in applying the 2020 law based on the Secretary-General¡¯s submission of the wrong version of the WMO Regulations and Rules to the ±¬ÁÏÍøDT.

The ±¬ÁÏÍøAT affirmed the ±¬ÁÏÍøDT's finding that the Administration¡¯s response to a request for management evaluation is not a...

The ±¬ÁÏÍøAT dismissed both the appeal and the cross-appeal.

As to the Secretary-General's cross-appeal against the ±¬ÁÏÍøDT's decision on receivability, the ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT was correct not to dismiss the claims as unreceivable, but to investigate their merits.

Turning to the merits, the ±¬ÁÏÍøAT noted that death benefits under the Rules are not payable to beneficiaries nominated by a staff member, but to designated beneficiaries as defined by the Staff Rules (i.e. the surviving spouse or dependent children). The ±¬ÁÏÍøAT found that Mr. Oming survived Ms. Oming and the substantial preponderance of...

±¬ÁÏÍøAT held that since the Appellant¡¯s son has a disability, he was entitled to receive benefits only under the special education grant scheme ST/AI/2018/2 (Special education grant and related benefit for children with a disability) and not under the regular education grant scheme ST/AI/2018/1/Rev.1 (Education grant and related benefits). ±¬ÁÏÍøAT concluded that since the Appellant¡¯s son was not boarding during the academic year of 2019-2020 and continued to reside at the parental home, the Appellant was not eligible for any boarding allowance under ST/AI/2018/2.

Even if ST/AI/2018/1/Rev.1 was...

The ±¬ÁÏÍøAT held that the award for compensation in lieu of rescission included the additional cost incurred by the staff member in maintaining two households as a result of the contested decision.

The ±¬ÁÏÍøAT found that, given the application for interpretation, it was reasonable for the Administration to await the Appeals Tribunal¡¯s interpretation. However, the Secretary-General is ordered to fully execute the original Judgment and pay to the staff member USD 450 within 30 calendar days from the issuance of the current judgment.

The ±¬ÁÏÍøAT noted that, given the delay in execution and in the...

The ±¬ÁÏÍøAT dismissed the appeal. The ±¬ÁÏÍøAT found that AAL was given notice of the need for her to return to the duty station, as well as sufficient opportunity to apply for sick leave. However, she did not request such sick leave, nor did she return to work, leaving no option for the Administration other than to place her on SLWOP. She also failed to provide evidence that there were ¡°compelling personal circumstances¡± so as to engender a decision to allow her to continue to telecommute from outside her official duty station. The ±¬ÁÏÍøAT further found that the ±¬ÁÏÍøDT did not err in finding that AAL...

The Secretary-General's appeal challenged the ±¬ÁÏÍøDT order referring the maternity leave decision for accountability. ±¬ÁÏÍøAT found that the ±¬ÁÏÍøDT erred by adjudicating the issue as it had already been adjudicated in an earlier judgment. In adjudicating the same issue a second time, the ±¬ÁÏÍøDT exceeded its competence since the maternity leave decision had not been challenged before the ±¬ÁÏÍøDT in the instant case; and the earlier judgment, which was affirmed on appeal (rendering it res juidcata), held that the application in relation to the maternity leave decision was not receivable ratione temporis and...

The ±¬ÁÏÍøAT considered an appeal by the Secretary-General of the United Nations. The ±¬ÁÏÍøAT held that its task was to review whether any or all the fees, for which Mr. Awad requested reimbursement, constituted admissible expenses, either as ¡°enrolment-related fees¡± or ¡°tuition¡±. The wording of Section 3.1(a) and (b) of ST/AI/2018/1/Rev.1, their systematic context with other provisions of ST/AI/2018/1/Rev.1, the goals of the General Assembly and ±¬ÁÏÍøAT¡¯s recent jurisprudence should be taken into account. The ±¬ÁÏÍøAT found that there was no ¡°plain meaning of enrollment¡±. While the word ¡°enrolment¡±, in...