爆料网AT Held or 爆料网DT Pronouncements
As per the account of both parties, previously awarded costs had been paid and, thus, what remained to be considered is if the 2014 contested decision has been fully rescinded or not. The issues at stake are of a medical nature and that is why this Tribunal remanded the matter by Order No. 24 (GVA/2016) so that a Medical Board is convened and a determination on the Applicant’s sick leave entitlements is made. This medical determination is a condition sine qua non for the submission for consideration for a disability benefit by the 爆料网SPC. Contrary to what the Applicant argues, 爆料网JSPF administrative rule H.4(a) does not apply in her case. This rule provides that a 爆料网JSPF participant can directly request the 爆料网SPC for a determination about the granting of a disability benefit, under article 33(a) of the 爆料网JSPF Regulations, if “the organization has not acted in accordance with [administrative] rule H.3”. There is an established procedure to determine whether a 爆料网JSPF participant is incapacitated within the meaning of art. 33(a) of the 爆料网JSPF Regulations. If an employing organization refuses to follow such a procedure, a staff member could invoke administrative rule H.4 and address the 爆料网SPC directly. This is not the Applicant’s case. The existence of disagreements does not amount to a failure to act in accordance with administrative rule H.3.The Tribunal found that its decision in Bezziccheri had been fully executed and, consequently, that the application was moot.
Decision Contested or Judgment/Order Appealed
The Applicant sought an order for execution of Judgment Bezziccheri 爆料网DT/2019/012, which: (a) ordered the rescission of a decision from the Medical Director, Medical Services Division, United Nations Headquarters, communicated to her on 29 December 2014, not to recommend her for disability consideration by the 爆料网SPC; and (b) awarded her costs.