2010-UNAT-031 | SYSTEM OF ADMINISTRATION OF JUSTICE

2010-UNAT-031, Jarvis

UNAT Held or UNDT Pronouncements

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.

Decision Contested or Judgment Appealed

The staff member (and two other applicants) contested the calculation of the lump-sum payment for home leave travel. UNDT rejected the application as inadmissible, noting that the staff members, by opting for the lump-sum payment proposed, forfeited any right of appeal.

Legal Principle(s)

The acceptance of a lump-sum option for home leave does not preclude a staff member from claiming before UNDT its wrongful calculation.

Outcome

Appeal granted

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full Judgment

Applicants/ Appellants

Jarvis

Entity

ICTY

Case Number(s)

2010-039

Tribunal

UNAT

Registry Location :

New York