2013-惇蹋厙AT-386

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

惇蹋厙AT considered an appeal by the Secretary-General. 惇蹋厙AT held that the payment of interest awarded by 惇蹋厙DT on the payment of Mr Ahmed＊s accrued vacation days was undue, noting that any delay in the separation formalities was entirely attributable to him and, as such, he could not be compensated for the delay in payment. On the compensation in lieu of notice, 惇蹋厙AT upheld the 惇蹋厙DT judgment and held that the matter was properly before 惇蹋厙DT and could not be construed as res judicata. 惇蹋厙AT agreed with 惇蹋厙DT that the Administration made a commitment to pay Mr Ahmed compensation in lieu of notice and that a commitment must be met. 惇蹋厙AT affirmed the 惇蹋厙DT judgment in part, allowed the Secretary-General＊s appeal regarding the award of interest on compensation for unused leave days and vacated the 惇蹋厙DT＊s award of such interest.

Decision Contested or Judgment/Order Appealed

The Applicant contested the non-payment, upon separation, of termination indemnity, interest on his reimbursement for unused annual leave days, and of three months＊ salary in lieu of notice. 惇蹋厙DT found in part for the Applicant by awarding interest on delayed reimbursement for unused vacation days and finding that SLWFP did not constitute the compensation in lieu of notice the Applicant had been promised.

Legal Principle(s)

Special Leave With Full Pay (SLWFP) is not a substitute for a lump sum payment of compensation in lieu of notice.

Outcome

Appeal granted in part

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the 惇蹋厙DT Statute and Article 11(3) of the 惇蹋厙AT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Ahmed

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement