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The UNAT held that the UNDT erred with respect to the period for which the staff member was entitled to an SPA.  The UNDT found that the requirements for an SPA had been met for the period 1 August 2015 to 31 January 2018, but due to the timing of his request in December 2018, he was entitled to payment only starting 21 December 2017.  The UNAT agreed with the Secretary-General’s argument that even this payment was in error, because the staff member’s claim to the SPA was made several years after the entitlement to the initial payment came into play in August 2015.  The UNAT held that the...

The UNDT found that the implementation date of 1 December 2010 and the related cut-off date of 1 December 2009 for retroactive consideration, as stated in the Guidelines, were binding on the Administration. The UNDT found that the Applicant’s situation should have been reviewed accordingly. Given the administration’s failure to follow its own Guidelines, which thus renders the decision unlawful, the UNDT found it unnecessary to consider the question as to whether there has been a breach of the duty to ensure that the principle of equal pay for equal work was strictly followed. The contested...

There is no contestable administrative decision over which this Tribunal has jurisdiction, rather the Applicant is seeking to have the Tribunal substitute its view for that of the Arbitration Committee with regard to an internal UNSU matter. The application is not receivable rationae materiae. As indicated in Kisambira Order No. 36 (NY/2011), the Dispute Tribunal has no jurisdiction over matters involving the internal affairs of a staff association. The application is not receivable.

The Tribunal found that the application, insofar as it contests the SPA decision and the Reclassification decision, is not receivable. The Applicant submitted his SPA claim three years too late, therefore, his claim is timebarred. As the Applicant never requested reclassification, there is no final administrative decision regarding reclassification. Without a final administrative decision regarding classification, the Dispute Tribunal lacks jurisdiction to adjudicate the Reclassification decision. The Tribunal found that the ToRs decision was lawful on the basis that the Administration...