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UNAT held that an analysis of the e-mail and other correspondence between UNDP and the Appellant indicated that she could not have been led to believe that her home leave request for January 2020 would be granted. She had been advised that a staff member was entitled to home leave only if the staff member’s contract was anticipated to continue for more than six months after the return from home leave, yet Appellant’s continuing engagement with UNDP was unknown, and her current contract end date was June 30, 2020. UNAT held that UNDP complied with its obligations to consider and decide the...

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.

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 �山����outside 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 �山����expense. 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...

The tendered reports of the Joint Inspection Unit (JIU) regarding home leave were admissible in the case, not only as reports of the opinions of the JIU but also as evidence of the facts stated in them, including as to the practices of the UN. Because of the lack of any reference to a technical definition, the only viable approach was to give the term “full economy class” as ample a meaning as the phrase could reasonably bear and identify those fares which it logically and reasonably denotes. The IATA code was used as an identifier by UNDP and UNOPS, but the lump-sum received by the applicant...

The Tribunal found that it is incumbent on the Organization to pay home leave travel expenses only for children who are declared and recognized as dependants of the staff member with whom they travel. Family members eligible for home leave travel: Staff rule 5.2(j), which provides that “[d]ependent children whose parents are staff members, each of whom is entitled to home leave, may accompany either parent”, must be interpreted in conjunction with staff rules 7.1 and 7.2. In doing so, it becomes clear that the Organization covers only the home leave travel expenses regarding children...

Tribunal’s review of eligibility for benefits: The Secretary-General has no discretion to grant or deny a benefit provided for in the Staff Regulations and Rules and is bound, in this respect, by the applicable rules. Accordingly, when the matter before the Tribunal concerns the refusal to grant a benefit, the Tribunal may only examine whether the staff member was eligible for, or entitled to, such benefit, without taking into account the grounds for refusal provided by the Administration. The fact that other staff members in the same situation may have been granted the disputed benefit is...

The recovery was made on the basis that the Applicant did not complete the expected period of three months of service in UNOCI upon return from his home leave. The Respondent submitted that the application was not receivable as the Applicant’s request for management evaluation and application with the UNDT were not filed within the filing deadlines. The UNDT found that the Applicant having been found in Egglesfield UNDT/2012/208 to be in continuous service, his employment remained continuous beyond three months after his return from home leave and any recovered lump sum for home leave should...

Home leave: The Tribunal concluded that there is nothing in staff rule 5.2 which indicates that the extension or the duration of the extension of a contract of employment is to be decided along with the sick leave entitlements of a staff member. Extension and sick leave cannot be merged to motivate a decision on whether to extend a contract or not. The entitlement to home leave is premised on 12 months service at a designated duty station with the sole condition that the service of the staff member is expected to continue at least three months after the staff member returns to the duty station...

The Tribunal concluded that the Application is not receivable ratione temporis and materiae. Administrative decision: The Applicant submitted that his two requests for management evaluation were challenging two separate decisions. The Tribunal found that the Applicant’s second request for management evaluation sought review of the same decision that was conveyed to him on 3 September 2014 after he requested the Administration to assist him with obtaining a visa to the United States. Receivability ratione temporis: The Tribunal held that the time limits in art. 8(1)(d)(i) of the UNDT Statute...