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The ±¬ÁÏÍøAT held that the ±¬ÁÏÍøDT erred in finding the staff member¡¯s challenge to the non?installation of dependents receivable because the request for management evaluation was filed outside the mandatory 60?day deadline under Staff Rule 11.2(c). The ±¬ÁÏÍøAT found that Article 8(3) of the ±¬ÁÏÍøDT Statute prohibits waiving or suspending this deadline and that the ±¬ÁÏÍøDT acted beyond its jurisdiction by deciding that the Administration had waived the timeliness argument.

The ±¬ÁÏÍøAT further held that the ±¬ÁÏÍøDT did not err in concluding that the denial of the optional reduced non?family service allowance was...

The ±¬ÁÏÍøAT held that the ISA JAB was correct in determining that Ms. Nguyen was: (1) not entitled to a repatriation grant from ISA; (2) not entitled to payment for unused accrued annual leave, which was transferred to her subsequent employer, ±¬ÁÏÍøRWA; (3) not entitled to reimbursement for certain school supply expenses; and (4) not entitled to the non-removal allowance, which was a discontinued benefit. However, the ±¬ÁÏÍøAT also held that the ISA JAB erred in denying Ms. Nguyen a relocation grant, and erred in denying her the travel expenses and travel time from Kingston, Jamaica to New York. The...

The Tribunal notes that it follows from ST/SGB/2019/2 that the Secretary-General has delegated the relevant authority to the Under-Secretary-General for Management Strategy, Policy and Compliance (¡°the USG¡±), who in turn, has sub-delegated it to the ASG in accordance with a table of sub-delegation dated 1 March 2021 that the Respondent has submitted in evidence. In a note on ¡°delegation details¡± valid from 15 April 2021 is stated that, ¡°This sub-delegation of decision-making authority addresses a technical error in the attachment of the sub-delegation of decision-making authority issued on...

Pursuant to staff rule 11.2(c), the Applicant should have requested management evaluation of the 31 August 2021 decision by 30 October 2021, or even earlier, if the intent was to argue against the recovery decision communicated between 30 June and 9 July. The Applicant was contemplating resorting to management evaluation already in July 2021, he, however, requested management evaluation only on 3 November 2021, which was after both deadlines.

±¬ÁÏÍøAT considered an appeal by the Secretary-General on the matter of the interest. ±¬ÁÏÍøAT held that ±¬ÁÏÍøDT has the power to award interest but erred in ordering the payment of interest at the rate of eight per cent per annum. ±¬ÁÏÍøAT allowed the appeal in part, set aside the award of interest from the ±¬ÁÏÍøDT judgment, and awarded interest at the US Prime Rate applicable at the date that the entitlements became due. ±¬ÁÏÍøAT held that if the judgment was not executed within 60 days, five per cent should be added to the US Prime Rate from the date of expiry of the 60-day period to the date of payment of the...

±¬ÁÏÍøAT held that ±¬ÁÏÍøDT did not exceed its competence in ordering the payment of interest from the due date of the relocation grant, but that ±¬ÁÏÍøDT had erred in setting the interest rate at 8 per cent. ±¬ÁÏÍøAT held that both ±¬ÁÏÍøDT and ±¬ÁÏÍøAT must have the power to award interest in the normal course of ordering compensation. ±¬ÁÏÍøAT affirmed the ±¬ÁÏÍøDT judgment and Order No. 30 to the extent that ±¬ÁÏÍøDT awarded interest on the relocation grant and replaced the interest rate of 8 per cent with the United States prime rate applicable on 4 May 2008 (5 per cent).

±¬ÁÏÍøAT considered an appeal by Secretary-General. The Secretary-General contended that ±¬ÁÏÍøDT erred by failing to recognize that the second contract by which Mr. Castelli¡¯s appointment was extended beyond a year was invalid because it had not been submitted for review by a central review body. ±¬ÁÏÍøAT held that, unless it is fake or fraudulent, a staff member¡¯s appointment contract gives rise to entitlements upon the signing and acceptance by the staff member of their letter of appointment. ±¬ÁÏÍøAT held that this is true even where the administration improperly handled the recruitment process. ±¬ÁÏÍøAT held...

±¬ÁÏÍøAT noted that the Appellant was not bringing a claim that he did not receive the benefits and entitlements which pertained to a temporary appointment, but rather his allegation was that the General Assembly resolutions which gave rise to the rules and administrative issuances regulating his employment did not adhere to the principle of equal pay for equal work and were contrary to a myriad of international human rights instruments to which the Organisation was bound to adhere. ±¬ÁÏÍøAT held that the policy change for staff members on temporary contracts was binding on the Secretary-General, who...

±¬ÁÏÍøAT held that the appeal was receivable as the Appellant had partially prevailed before ±¬ÁÏÍøDT and was entitled to file an appeal to pursue the modification, annulment, or vacation of the impugned judgment. Noting that the crux of the matter before it was the issue of the exchange rate used to calculate the repatriation grant, ±¬ÁÏÍøAT held that there was no fault in the ±¬ÁÏÍøDT finding that the correct rate was applied because the applicable rate was that which applied on the date of receipt of the proof of relocation. ±¬ÁÏÍøAT held that the Appellant did not demonstrate that the ±¬ÁÏÍøDT committed any error...

±¬ÁÏÍøAT considered Mr Newland¡¯s application for interpretation of judgment No. 2018-±¬ÁÏÍøAT-820. ±¬ÁÏÍøAT held that, given that Mr Newland had already been paid Special Post Allowance, Hazard pay, and outstanding interest, the only questions requiring determination were whether he was entitled to payment of Rest and Recuperation (R&R), free tickets, and the relocation grant. ±¬ÁÏÍøAT accepted that there was a degree of uncertainty regarding these questions. ±¬ÁÏÍøAT held that Mr Newland¡¯s claim that he was entitled to the payment of R&R was unsustainable, as it was not an accruable benefit or entitlement. ±¬ÁÏÍøAT...