UNDT/NY/2009/117

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Jurisdiction of Tribunal: Although the Administration released the moneys to the applicant, when the jurisdiction of the Tribunal is properly engaged, the mere fact that the Administration “corrects” the decision in question does not end the matter. The applicant is still entitled to seek a determination that the decision is unlawful and an award of compensation. Legality of withholding entitlements: The test is not guilt of the staff member but merely “reason to believe” that they may have been grossly negligent, causing loss. This is an undemanding test, amongst other things satisfied even...