2018-��AT-891

��AT Held or ��DT Pronouncements

��AT held that ��DT erred by excluding periods of temporary service from the calculation of consecutive service, as required by Staff Rule 3. 13(a)(iii). ��AT upheld the appeal, vacated and modified the ��DT judgment by rescinding the contested decision, and directed the Secretary-General to make a decision in accordance with former Staff Rule 3. 13(b) in relation to the Appellant��s application for mobility allowance.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to pay him a mobility allowance, asserting that he met the eligibility requirements. ��DT held that the period in which the Applicant held temporary appointments should not count towards the five-year prior consecutive service requirement for the mobility allowance. ��DT held that former Staff Rule 4. 17 provided that when a former staff member is re-employed, the new appointment shall not be considered continuous between the prior and new appointments. ��DT dismissed the application.

Legal Principle(s)

Temporary appointments are not precluded from qualifying as part of the five-year prior consecutive service requirement for mobility allowance, as long as a staff member is on a fixed-term appointment when actually receiving it.

Outcome

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.

Applicants/Appellants

Vattapally

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement