2014-Ģ��ƵAT-427

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT found that the facts were not disputed in this case. Ģ��ƵAT found that the appeal addressed errors of law and fact, maintaining that the Organisation was liable for accidents that occur on the way home, either directly or by a detour. Ģ��ƵAT held that the Ģ��ƵDT judgment very clearly stated the applicable law in Appendix D of the Staff Rules and that there was no error in the ABCC��s practice not to cover injuries sustained during travel to and from work by an indirect route. Ģ��ƵAT dismissed the appeal and affirmed the Ģ��ƵDT judgment.

Decision Contested or Judgment/Order Appealed

Ģ��ƵDT Judgment: The Applicant contested the decision of the Advisory Board on Compensation Claims (ABCC) to deny her compensation for the vehicular accident when commuting back from work. In Judgment No. Ģ��ƵDT/2013/059, Ģ��ƵDT dismissed the application.

Legal Principle(s)

Appendix D of the Staff Rules establishes principles and definitions governing compensation for injuries ��as a direct result of travelling by means of transportation furnished by or at the expense or direction of the United Nations in connexion with the performance of official duties; provided that the[se] provisions [ �� ] shall not extend to private motor vehicle transportation sanctioned or authorized by the Ģ��Ƶ solely on the request and for the convenience of the staff member��.

Outcome

Appeal dismissed on merits

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

Simmons

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement