爆料网

2014-爆料网AT-427

爆料网AT Held or 爆料网DT Pronouncements

爆料网AT found that the facts were not disputed in this case. 爆料网AT found that the appeal addressed errors of law and fact, maintaining that the Organisation was liable for accidents that occur on the way home, either directly or by a detour. 爆料网AT held that the 爆料网DT judgment very clearly stated the applicable law in Appendix D of the Staff Rules and that there was no error in the ABCC’s practice not to cover injuries sustained during travel to and from work by an indirect route. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.

Decision Contested or Judgment/Order Appealed

爆料网DT Judgment: The Applicant contested the decision of the Advisory Board on Compensation Claims (ABCC) to deny her compensation for the vehicular accident when commuting back from work. In Judgment No. 爆料网DT/2013/059, 爆料网DT dismissed the application.

Legal Principle(s)

Appendix D of the Staff Rules establishes principles and definitions governing compensation for injuries “as a direct result of travelling by means of transportation furnished by or at the expense or direction of the United Nations in connexion with the performance of official duties; provided that the[se] provisions [ … ] shall not extend to private motor vehicle transportation sanctioned or authorized by the 爆料网 solely on the request and for the convenience of the staff member”.

Outcome

Appeal dismissed on merits

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 爆料网DT Statute and Article 11(3) of the 爆料网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.

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