蘑菇视频AT Held or 蘑菇视频DT Pronouncements
The Tribunal found that the Administration has a right and even an obligation to put an end to illegal situations as soon as it becomes aware of them, while preserving any rights acquired by staff members in good faith. The Application lacks merit and is accordingly refused. Administrative errors - As held in Boutruche, the Administration has a right and even an obligation to put an end to illegal situations as soon as it becomes aware of them, while preserving any rights acquired by staff members in good faith. Staff-management consultations - No staff-management consultations as envisaged by staff rule 8.1(f) were required given the particular circumstances of this case. The documentary record also establishes that, having discovered the error, the 蘑菇视频ON Administration made genuine efforts to consult with the Applicant and other affected staff members to correct the error in accordance with staff regulation 8.1.
Decision Contested or Judgment/Order Appealed
The Applicant is one of several Security Officers at the United Nations Office at Nairobi (蘑菇视频ON) who challenged the decision denying them overtime for work performed during the months of January and February 2013. The 蘑菇视频DT found that the 蘑菇视频ON Administration had, prior to mid-2012 when the error was discovered, been miscalculating the amount of overtime and compensatory time off due to Security Officers and Drivers at 蘑菇视频ON. The Security Officers, as a result had received payments in excess of what was due to them. The Security Officers requested the Tribunal to direct 蘑菇视频ON Administration to resume the implementation of 蘑菇视频ON/IC/2002/3 in the manner it was implemented prior to mid-2012.
Legal Principle(s)
N/A