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Mr. Kuate appealed.  UNAT dismissed Mr. Kuate's contention that there was no basis until 1 April 2019, date of the final divorce decision, for the recovery of the allowances on grounds that the Cameroonian judgments were not final until that date. UNAT found that Order No. 791 contained an enforceability clause and therefore the measures provided in that order went into force with immediate effect. Consequently, Mr. Kuate and his wife legally separated on 26 November 2015 when the order was issued. Also, on the basis of this order, from this day on Mr. Kuate had legal custody for (only) two of...

UNAT held that UNDT’s interpretation process, which led to the dismissal of the claim, was neither unreasonable nor unfair. UNAT noted that the affirmation that only the purchasing power element of comparison would allow an equal pay and treatment of staff members constituted only a postulation of a certain parameter among many possible options, without real support except in terms of policy selection because other criteria could also allow that kind of equal treatment, provided that they are applied in a general and non-discriminating way. UNAT noted that the comparator element adopted in the...

UNAT considered the Secretary-General's appeal and the staff members’ cross-appeal. UNAT first considered the receivability of the appeal and held that the applications were receivable because the contested decision would have an adverse impact on the staff members. With respect to the merits of the appeal, UNAT noted that the salary entitlements of staff members are statutory in nature and may be unilaterally amended by the General Assembly. UNAT further noted that an individual loss caused by a unilateral variation of a validly concluded contract poses no legal obstacle to the exercise of...

UNAT held that UNDT’s finding that the application contesting the decision to recover overpayments was not receivable ratione temporis was correct since the Appellant waited nearly two years until filing his application to the UNDT, which was clearly outside the time limit. UNAT agreed with UNDT that the Appellant’s application against the decision to reject retroactive payment of dependency allowance for his adopted children was not receivable ratione materiae because the Appellant failed to request management evaluation within the time limits provided in Staff Rule 11. 2. UNAT dismissed the...

There are two aspects to the evidential burden resting on a staff member who claims dependency benefits for his/her child or children where he/she is not the custodial parent. The first aspect relates to the nature of the evidence required and the second aspect concerns the degree of proof required. As for the nature of the evidence required, a staff member will have discharged the evidential burden once he/she has presented documentation pertaining to the existence of the child or children, a divorce decree and proof of custody, proof of payment and the amounts paid and the means of payment...

The UNDT found that the Applicant did not meet the requirements of staff rule 3.6 and ST/AI/2011/5 and could not claim dependent child status for her niece. The application was dismissed.