2013-Ģ��ƵAT-386

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered an appeal by the Secretary-General. Ģ��ƵAT held that the payment of interest awarded by Ģ��ƵDT on the payment of Mr Ahmed��s accrued vacation days was undue, noting that any delay in the separation formalities was entirely attributable to him and, as such, he could not be compensated for the delay in payment. On the compensation in lieu of notice, Ģ��ƵAT upheld the Ģ��ƵDT judgment and held that the matter was properly before Ģ��ƵDT and could not be construed as res judicata. Ģ��ƵAT agreed with Ģ��ƵDT that the Administration made a commitment to pay Mr Ahmed compensation in lieu of notice and that a commitment must be met. Ģ��ƵAT affirmed the Ģ��ƵDT judgment in part, allowed the Secretary-General��s appeal regarding the award of interest on compensation for unused leave days and vacated the Ģ��ƵDT��s award of such interest.

Decision Contested or Judgment/Order Appealed

The Applicant contested the non-payment, upon separation, of termination indemnity, interest on his reimbursement for unused annual leave days, and of three months�� salary in lieu of notice. Ģ��ƵDT found in part for the Applicant by awarding interest on delayed reimbursement for unused vacation days and finding that SLWFP did not constitute the compensation in lieu of notice the Applicant had been promised.

Legal Principle(s)

Special Leave With Full Pay (SLWFP) is not a substitute for a lump sum payment of compensation in lieu of notice.

Outcome

Appeal granted in part

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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

Ahmed

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement