爆料网

2015-爆料网AT-539

爆料网AT Held or 爆料网DT Pronouncements

爆料网AT considered appeals by both Mr Aliko and the Secretary-General. 爆料网AT held that 爆料网DT correctly concluded that Mr Aliko’s application contesting the decision refusing his request to change nationality for 爆料网 purposes was time-barred. 爆料网AT held that 爆料网DT did not err in rejecting as not receivable Mr Aliko’s claims against the decisions on his ineligibility for education grant and on education grant recovery. 爆料网AT held that it was lawful for the Administration to use Mr Aliko’s pending entitlements to recover part of his indebtedness to the Organisation. 爆料网AT held that 爆料网DT erred in concluding that the Administration had no legal grounds for refusing to issue the separation notification to the 爆料网JPSF. 爆料网AT dismissed Mr Aliko’s appeal, allowed the Secretary-General’s appeal and vacated both the 爆料网DT’s order to issue the PF. 4 form to the 爆料网JPSF and its award of compensation.

Decision Contested or Judgment/Order Appealed

Mr Aliko contested the decision not to change his nationality for 爆料网 purposes; the decision to use his leave balance and separation entitlements for an Education Grant reimbursement claim; and the decision to keep his pension contribution on hold by not providing 爆料网JSPF with separation documentation. 爆料网DT found that Mr Aliko was time-barred from contesting the nationality decision, the decision that he was not entitled to an education grant and from challenging the recovery of the overpayment. 爆料网DT held that the decisions to use the leave balance and to withhold separation documents were receivable ratione temporis and lawful. 爆料网DT found that the Organisation had no legal grounds for refusing to issue the separation notification to the 爆料网JSPF to secure the payment of Mr Aliko’s debt to 爆料网OPS. 爆料网AT awarded material damages and ordered the Secretary-General to transmit Mr Aliko’s separation notification to 爆料网JSPF.

Legal Principle(s)

Reiterations of an original claim do not stop the time for contesting the decision from running or give rise to a new administrative decision by restarting the time period during which one can contest the original decision.

Outcome

Appeal dismissed on merits; Appeal granted

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