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Based on the applicable legal framework, the Administration can determine the status of eligibility of staff members in connection with dependency entitlements, which include dependent child allowance, and proceed to recover any amounts when a staff members fail to comply with their relevant obligations.

Pursuant to Annex III of ST/IC/2020/12, for a child of a staff member who is not the custodial parent or who has joint custody of the child, which is the case of the Applicant, the amount of payment to be eligible for a child dependency allowance should be at least the amount of the court...

Whether the Applicant is entitled to maternity leave under staff rule 6.3(a)

While the Staff Regulations and Rules of the United Nations is not a treaty, art. 31.1 of the VCLT sets forth generally accepted rules for interpreting an international document, which refers to interpretation according to the ¡°ordinary meaning¡± of the terms ¡°in their context and in the light of its object and purpose¡± (see, e.g., Ä¢¹½ÊÓƵ Administrative Tribunal Judgment No. 942, Merani (1999), para. VII; Avognon et al. Ä¢¹½ÊÓƵDT/2020/151, para. 50; Andreeva et al. Ä¢¹½ÊÓƵDT/2020/122, para. 64; Applicant Ä¢¹½ÊÓƵDT/2021/165, para. 37).

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT erred with respect to the period for which the staff member was entitled to an SPA. The Ä¢¹½ÊÓƵDT found that the requirements for an SPA had been met for the period 1 August 2015 to 31 January 2018, but due to the timing of his request in December 2018, he was entitled to payment only starting 21 December 2017. The Ä¢¹½ÊÓƵAT agreed with the Secretary-General¡¯s argument that even this payment was in error, because the staff member¡¯s claim to the SPA was made several years after the entitlement to the initial payment came into play in August 2015. The Ä¢¹½ÊÓƵAT held that the...

Ä¢¹½ÊÓƵAT found that because the termination had been rescinded and Mr. Mukhopadhyay had been reinstated further to the First Judgment, the appeal of the Second Judgment had become moot as there could be no entitlement to termination notice pursuant to the applicable Regulations and Rules. Ä¢¹½ÊÓƵAT thus granted the Secretary-General's appeal and reversed the Second Judgment.

Ä¢¹½ÊÓƵAT found not receivable Mr. Mukhopadhyay¡¯s cross-appeal requesting an award for consequential damages, compensation for moral damages and costs. Ä¢¹½ÊÓƵAT found that he had made these claims for the first time on appeal and was...

Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA DT Judgment. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA DT correctly concluded that the decision-maker had not exercised his discretionary power properly, in that the Agency had unlawfully paid Ms. Jarallah an SPOA of 25 per cent instead of an SOA of 35 per cent which was stipulated in her contract of employment.

Ä¢¹½ÊÓƵAT found that a valid and binding contract of employment existed between Ms. Jarallah and the Agency. An integral part of Ms. Jarallah's letter of appointment was the Job Description contained in the vacancy announcement with a reference to the 35...

The Ä¢¹½ÊÓƵAT first concluded that the Ä¢¹½ÊÓƵDT erred by failing to specify whether the alleged misconduct of sexual exploitation had been established to the required evidentiary standard of clear and convincing evidence. Second, the Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT had erred in concluding that the victim was a vulnerable person, that Mr. Stefan was aware of her vulnerability, and that he sexually exploited her vulnerability. The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵDT erred when it made this finding without any independent or medical evidence, and that the Ä¢¹½ÊÓƵDT had relied on its own Internet research regarding various...

The Ä¢¹½ÊÓƵAT held that the JAB made considerable internal changes in its law to satisfy the requirements of Article 2(10) of the Appeals Tribunal Statute. It found that the JAB no longer provided only advice or mere recommendations to the ISA Secretary-General, but rather final decisions and, therefore, was a neutral first instance process.

The Ä¢¹½ÊÓƵAT found that the plain reading of the facts left no doubt that: i) at the time when the contested decision was taken, there was no willingness of abandonment of post by the Appellant; ii) despite his poor mental health condition that was medically...

The Ä¢¹½ÊÓƵAT considered an appeal by Mr. Dahoud.

The Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA DT correctly found that the disability benefit paid to Mr. Dahoud in accordance with Area Staff Rule 109.7(1) was different from the termination indemnity paid to certain staff members in accordance with Area Staff Rule 109.9.

The Ä¢¹½ÊÓƵAT found that despite the Medical Board's conclusion that he had an 8 per cent permanent impairment, this does not necessarily lead to a finding of permanent and total disability, as required by Area Staff Rule 109.7(7), so as to receive the supplemental benefit. Nor does this medical...

Ä¢¹½ÊÓƵ Secretary-General in not the Chief Administrative Officer of IOM, and IOM has not concluded a special agreement with the Secretary-General accepting the Dispute Tribunal¡¯s jurisdiction. Instead, IOM falls under the jurisdiction of the Administrative Tribunal of the International Labour Organization.

As the Applicant¡¯s request for management evaluation was not filed before submitting the application to the Dispute Tribunal in the present case, the Tribunal does not have the necessary subject-matter jurisdiction under staff rule 11.2. The challenge against the decision of...

The Ä¢¹½ÊÓƵAT 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, Ä¢¹½ÊÓƵRWA; (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 Ä¢¹½ÊÓƵAT 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...