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The Applicant requested the Tribunal to find that he suffered a prejudice equivalent to a 60% permanent loss of ENT functions and a 10% permanent loss of respiratory functions and to compensate him accordingly. He further requested the Tribunal to award him two years’ net base salary as compensation for the prejudice suffered as a result of the Organization’s failure to ensure the security and safety of its staff in Bagdad. The Tribunal found that the latter request was not receivable as it did not stem from a refusal decision by the Secretary-General, a decision which, in any event, should...

The Tribunal finds that the Salary case was never properly before the Tribunal and is not receivable. It is within the discretionary authority of the Secretary-General to reconsider whether the existence of an injury is attributable to the performance of official duties. In this case, the Secretary-General has refused to exercise that discretion. The Applicant’s claims in as far as they rely on art. 11 of Appendix D to the Staff Rules are therefore not receivable. With respect to all of the Applicant’s other claims including her claim for DSA and air ticket for her daughter’s travel in 2002...

The Tribunal found that art. 17 does not refer to an evaluation by a medical practitioner selected by the Administration in cases of requests for reconsideration and that the Administration failed to follow the correct procedure when it did not convene a medical board. It further noted that the Administration could not, under art. 17, use an independent medical evaluation by a practitioner established in the framework of the initial assessment of a disability benefit under the Pension Fund Regulations. The Tribunal further stressed that the independent medical evaluation failed to address the...

The Application was found to be not receivable on grounds that the Applicant was not specific as to the administrative decision he was challenging and did not seek management evaluation of any decision. The Tribunal has jurisdiction to determine whether an administrative action was properly taken. This presupposes that a staff member who is challenging an administrative decision clearly identifies the decision he is seeking to challenge. The applicant must also comply with the sine qua non requirement of requesting management evaluation of the impugned decision within the stipulated timelines...

The Tribunal concluded that the impugned decision was made following the correct procedure and was based on well-founded evidence. Accordingly, the Application was dismissed. Denial of claim based on evidentiary grounds: The Tribunal observed that in assessing the Applicant’s claim for compensation, the principle issue for the ABCC was whether the injury resulted as a natural incident of performing duties on behalf of the United Nations. This was a question of fact to be established by evidence. The Tribunal held that the functions of ABCC include making recommendations on claims for...

The UNDT found that it does not have jurisdiction to review the medical opinion expressed by the Medical Services Division, as requested by the Applicant, and dismissed the application in its entirety. Procedure for challenging a decision taken pursuant to Appendix D: A claimant may either challenge a decision taken by the Secretary-General upon recommendation from the ABCC by seeking reconsideration under art. 17 of Appendix D or by appealing it before the Dispute Tribunal. However, the two avenues offer different prospects. Reconsideration under art. 17 of Appendix D: The reconsideration...

The Tribunal found that the Organization failed to fulfil its obligations by not making timely payments to the Applicant under art. 11.2(d) of Appendix D for the two periods concerned, and that the amounts paid to the Applicant did not compensate him for the delay in payment as they should have. The Tribunal awarded the Applicant material damages in the amount of USD29,261.86 plus CHF10,544.50, and compensation for any additional taxes due by the Applicant, upon presentation of his tax declarations to the Respondent, resulting from the receipt of a lump sum of USD72,266.46 in 2015, instead of...

Interpretation of art. 10.4 of the Statute of the Dispute Tribunal - The question arises whether the Tribunal should seek and obtain the concurrence of the Secretary-General before correcting a procedural error in the decision making process of the ABCC or the Secretary-General himself. The Tribunal in the circumstances of the present case is not prepared to allow its power of judicial review to be circumscribed by art. 10.4. It is not deemed that the concurrence of the Secretary-General is necessary to take the appropriate remedial measure if this is found to be necessary. The Secretary...

Provision of adverse material to the Applicant: The Tribunal noted that the ABCC had information before it that was adverse to the Applicant’s claim when it reached its recommended decision but did not disclose to the Applicant. The Tribunal concluded that the Applicant should have been given the opportunity to see and comment on the adverse material. In failing to afford him this basic right the ABCC violated the principles of natural justice and audi alteram partem. Service incurred injury: The Tribunal concluded that it was not within the competence of the MSD medical advisor to provide...

The Tribunal found that the application, even if it was diligently filed by the Applicant, was premature as the Applicant’s reconsideration request was still pending before the Secretary-General.