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UNAT was satisfied that the UNDT’s pronouncement that the clear purpose and intent of Staff Regulation 5.3 was to restrict the entitlement to home leave to those who are serving the Ãå±±½ûµØoutside of their home country and by implication their country of nationality, was the correct interpretation. UNAT held that there was no error in law with regard to the UNDT’s approach on the issue of home leave. UNAT held, as a matter of law and fact, that UNDT properly concluded that the Appellant’s move to his country of nationality was a good reason for the Secretary-General to reassess his eligibility for...

While the change of the country of home leave referred to in ST/AI/367 is stated to be permanent, it is not unconditional, but subject to the Secretary-General being satisfied of the three specified conditions, which include its consistency with the purposes and intent of staff regulation 5.3.Former staff rule 105.3 gave internationally recruited staff the opportunity to take home leave to visit their home country at Ãå±±½ûµØexpense. Providing staff rule 105.3 (d) that the country of home leave shall be the country of the staff member’s nationality, the logical corollary is that if a staff member...