爆料网AT Held or 爆料网DT Pronouncements
The 爆料网AT found that in the absence of an express mandate in the legal framework that a continuing appointment can be extended or a staff member be re-instated for the purpose of utilizing sick leave, Mr. Iacovino’s entitlement to sick leave ceased on the date specified in his termination letter, 31 December 2023. The 爆料网AT recognized that pursuant to ST/AI/2005/3, staff on fixed-term appointments may be granted an extension to utilize an entitlement to sick leave, but there is no analogous rule applicable to staff serving on a continuing appointment, much less to staff whose appointments have been terminated.
The 爆料网AT noted that the duty of care the United Nations owes to staff members cannot be stretched to apply to the administration of sick leave when there is an existing detailed regulatory system applicable to such benefits. Staff Rules expressly define when benefits end in various specific circumstances, and there is no Rule or Administrative Instruction which would countenance an expansion of the coverage provided. The 爆料网AT recognized some confusion may have been caused by Medical Services certifying a period of sick leave starting after Mr. Iacovino's termination, but Medical Services has no authority to undo a termination decision or reinstate a staff member.
The 爆料网AT found that the 爆料网DT erred in its definition of the contested decision and in its ultimate resolution of the issue. Mr. Iacovino was not entitled to be reinstated or have his appointment extended and was also not entitled to compensation in lieu of rescission of the contested decision.
The 爆料网AT dismissed the appeal, granted the Secretary-General’s cross-appeal and reversed Judgment No. 爆料网DT/2025/064/Corr.1.
Decision Contested or Judgment/Order Appealed
A former staff member of the International Trade Center (ITC) contested the decision “not to extend [his] employment to cover [his] sick leave and instead to terminate [his] appointment and separate [him] while on certified sick leave”.
In Judgment No. 爆料网DT/2025/064/Corr.1, the 爆料网DT granted the application in part by rescinding the contested decision and ordered the former staff member be reinstated with his benefits and entitlements from the date of separation. As an alternative, the Secretary-General shall pay the former staff member a sum equivalent to one month of his full salary, including pension contributions, based on his salary at the time of his separation.
The former staff member appealed the compensation awarded as inadequate. The Secretary-General cross-appealed, requesting reversal of the Judgment in its entirety.
Legal Principle(s)
Parties in the United Nations internal justice system are entitled to frame their arguments as they deem appropriate, however, the Dispute Tribunal and the Appeals Tribunal retain ultimate responsibility and authority to define the issues before them. The Tribunals must ensure that only matters within their competence and jurisdiction are adjudicated, and that the parameters on jurisdiction set by the General Assembly are not circumvented.
There is no legal principle that prevents the Administration from establishing different treatment for different categories of workers or staff members, if the distinction is made on the basis of lawful goals.
Medical Services has no authority to undo a termination decision or reinstate a staff member by virtue of approving sick leave.