��DT/2017/044

��AT Held or ��DT Pronouncements

Receivability before the ��CB. As follows from art. 12 read together with art. 14(b)(ii) of ST/AI/149/Rev.4, for a compensation claim for damage to be receivable before the ��CB, the relevant staff member is required (��shall��) to take the following mandatory and cumulative actions, setting forth in detail all relevant circumstances to ��CB: (a) to notify the United Nations authorities and the local police about the incident as soon as possible; (b) to submit all pertinent evidence; (c) in case the staff member holds valid personal insurance at the date of the incident, to take all the reasonable steps to receive suitable compensation under this insurance coverage prior to submitting the claim to the ��CB and then to provide the ��CB with results thereof, including whether the damages were covered totally or partially by the insurance company. If a claim is found not receivable, nor ��CB neither the ASG/Controller is to make, respectively, a recommendation or determination of the substance of the claim.

Decision Contested or Judgment/Order Appealed

The Applicant, a former �� staff member at the S-2, step 6, level with the DSS at ��HQ in New York, contested, in essence, the ASG/Controller��s decision to deny him compensation under ST/AI/149/Rev.4 (Compensation for loss of or damage to personal effects attributable to service) for damages to his private vehicle in connection with an accident at ��HQ. The Tribunal upheld the ASG/Controller��s decision to reject the claim as not receivable but rejected her determination of the claim on its merit. The Tribunal awarded the Applicant USD 3,500 compensation for the approximately seven months�� procedural delays attributable to the Administration.

Legal Principle(s)

N/A

Outcome

Judgment entered for Applicant in full or in part

Outcome Extra Text

Only financial compensation

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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

Kisia

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