2014-UNAT-427 | SYSTEM OF ADMINISTRATION OF JUSTICE

2014-UNAT-427, Simmons

UNAT Held or UNDT Pronouncements

UNAT found that the facts were not disputed in this case. UNAT found that the appeal addressed errors of law and fact, maintaining that the Organisation was liable for accidents that occur on the way home, either directly or by a detour. UNAT held that the UNDT judgment very clearly stated the applicable law in Appendix D of the Staff Rules and that there was no error in the ABCC’s practice not to cover injuries sustained during travel to and from work by an indirect route. UNAT dismissed the appeal and affirmed the UNDT judgment.

Decision Contested or Judgment Appealed

UNDT Judgment: The Applicant contested the decision of the Advisory Board on Compensation Claims (ABCC) to deny her compensation for the vehicular accident when commuting back from work. In Judgment No. UNDT/2013/059, UNDT dismissed the application.

Legal Principle(s)

Appendix D of the Staff Rules establishes principles and definitions governing compensation for injuries “as a direct result of travelling by means of transportation furnished by or at the expense or direction of the United Nations in connexion with the performance of official duties; provided that the[se] provisions [ … ] shall not extend to private motor vehicle transportation sanctioned or authorized by the �山��solely on the request and for the convenience of the staff member”.

Outcome

Appeal dismissed on merits

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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

Simmons

Entity

OPPBA

Case Number(s)

2013-484

Tribunal

UNAT

Registry Location :

New York