2010-Ģ��ƵAT-031

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT noted that the staff members had accepted the lump-sum calculated by the ICTY travel unit while reiterating their disagreement with the calculation. Ģ��ƵAT held that Ģ��ƵDT erred in finding that by accepting a lump-sum payment for home leave travel, the staff members forfeited any right to contest the calculation of the amount of the lump sum payment. Ģ��ƵAT remanded the case to Ģ��ƵDT for consideration on the merits.

Decision Contested or Judgment/Order Appealed

The staff member (and two other applicants) contested the calculation of the lump-sum payment for home leave travel. Ģ��ƵDT rejected the application as inadmissible, noting that the staff members, by opting for the lump-sum payment proposed, forfeited any right of appeal.

Legal Principle(s)

The acceptance of a lump-sum option for home leave does not preclude a staff member from claiming before Ģ��ƵDT its wrongful calculation.

Outcome

Appeal granted

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the Ģ��ƵDT Statute and Article 11(3) of the Ģ��ƵAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Jarvis

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement