爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that 爆料网DT exceeded its competence in reviewing Mr Omwanda’s EOD date, as it was not subject to a timely request for management evaluation. 爆料网AT held that Mr Omwanda knew or ought to have known from his Letter of Appointment the date from which his appointment was effective, that he had been re-employed, not reinstated, and that its terms applied regardless of any period of former service. 爆料网AT held 爆料网DT was statutorily barred from hearing Mr Omwanda’s application. 爆料网AT upheld the appeal and vacated the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
Mr Omwanda contested, inter alia, the Administration’s decision not to pay him termination indemnity following an award of disability and the termination of his appointment on medical grounds. 爆料网DT held that the three applications filed by Mr Omwanda succeeded in part. 爆料网DT found that Mr Omwanda should have been deemed to have been in continuous service and, as such, his full period of service had to be taken into account in the computation of his termination indemnity. 爆料网DT found that the Administration had used the incorrect date of entry on duty (EOD) date for the calculation of the termination indemnity due to Mr Omwanda. 爆料网DT rescinded the Administration’s calculation of the termination indemnity, directing the Administration to provide him with a new calculation and to make any necessary adjustments to his separation entitlements and benefits. 爆料网DT awarded Mr Omwanda USD 5,000 non-pecuniary damages for the procedural error.
Legal Principle(s)
An application is not receivable by 爆料网DT if it is filed more than three years after the applicant’s receipt of the contested decision.