2015-Ģ��ƵAT-539

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered appeals by both Mr Aliko and the Secretary-General. Ģ��ƵAT held that Ģ��ƵDT correctly concluded that Mr Aliko��s application contesting the decision refusing his request to change nationality for Ģ��Ƶ purposes was time-barred. Ģ��ƵAT held that Ģ��ƵDT did not err in rejecting as not receivable Mr Aliko��s claims against the decisions on his ineligibility for education grant and on education grant recovery. Ģ��ƵAT held that it was lawful for the Administration to use Mr Aliko��s pending entitlements to recover part of his indebtedness to the Organisation. Ģ��ƵAT held that Ģ��ƵDT erred in concluding that the Administration had no legal grounds for refusing to issue the separation notification to the Ģ��ƵJPSF. Ģ��ƵAT dismissed Mr Aliko��s appeal, allowed the Secretary-General��s appeal and vacated both the Ģ��ƵDT��s order to issue the PF. 4 form to the Ģ��ƵJPSF and its award of compensation.

Decision Contested or Judgment/Order Appealed

Mr Aliko contested the decision not to change his nationality for Ģ��Ƶ purposes; the decision to use his leave balance and separation entitlements for an Education Grant reimbursement claim; and the decision to keep his pension contribution on hold by not providing Ģ��ƵJSPF with separation documentation. Ģ��ƵDT found that Mr Aliko was time-barred from contesting the nationality decision, the decision that he was not entitled to an education grant and from challenging the recovery of the overpayment. Ģ��ƵDT held that the decisions to use the leave balance and to withhold separation documents were receivable ratione temporis and lawful. Ģ��ƵDT found that the Organisation had no legal grounds for refusing to issue the separation notification to the Ģ��ƵJSPF to secure the payment of Mr Aliko��s debt to Ģ��ƵOPS. Ģ��ƵAT awarded material damages and ordered the Secretary-General to transmit Mr Aliko��s separation notification to Ģ��ƵJSPF.

Legal Principle(s)

Reiterations of an original claim do not stop the time for contesting the decision from running or give rise to a new administrative decision by restarting the time period during which one can contest the original decision.

Outcome

Appeal dismissed on merits; Appeal granted

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Applicants/Appellants

Aliko

Entity

Case Number(s)

Tribunal

Registry