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UNAT noted that the staff members had accepted the lump-sum calculated by the ICTY travel unit while reiterating their disagreement with the calculation. UNAT held that UNDT erred in finding that by accepting a lump-sum payment for home leave travel, the staff members forfeited any right to contest the calculation of the amount of the lump sum payment. UNAT remanded the case to UNDT for consideration on the merits.

In accordance with staff rule 7.6(e), the Applicant’s official departure date from Vienna was on Sunday, 14 March 2010, a non-working day in Vienna. Pursuant to section 5.2 of ST/AI/2006/4, had he departed on that date, he would not have been entitled to an additional day of annual leave to compensate for official travel on a non-working day. The fact that the Applicant chose to travel on a working day for reasons of personal convenience shall not have the effect of granting him a benefit to which he would not have been entitled had he travelled on the official date of travel.

Ultra vires - Whereas procedures and guidelines may be developed by the Organisation to implement promulgated issuances, it is unreasonable for said guidelines to be so far reaching as to effectively add new provisions to the overarching issuance. This would amount to a usurpation of the legislative powers of the General Assembly.