2015-UNAT-539

2015-UNAT-539, Aliko

UNAT Held or UNDT Pronouncements

UNAT considered appeals by both Mr Aliko and the Secretary-General. UNAT held that UNDT correctly concluded that Mr Aliko’s application contesting the decision refusing his request to change nationality for �山��purposes was time-barred. UNAT held that UNDT did not err in rejecting as not receivable Mr Aliko’s claims against the decisions on his ineligibility for education grant and on education grant recovery. UNAT held that it was lawful for the Administration to use Mr Aliko’s pending entitlements to recover part of his indebtedness to the Organisation. UNAT held that UNDT erred in concluding that the Administration had no legal grounds for refusing to issue the separation notification to the UNJPSF. UNAT dismissed Mr Aliko’s appeal, allowed the Secretary-General’s appeal and vacated both the UNDT’s order to issue the PF. 4 form to the UNJPSF and its award of compensation.

Decision Contested or Judgment/Order Appealed

Mr Aliko contested the decision not to change his nationality for �山��purposes; the decision to use his leave balance and separation entitlements for an Education Grant reimbursement claim; and the decision to keep his pension contribution on hold by not providing UNJSPF with separation documentation. UNDT found that Mr Aliko was time-barred from contesting the nationality decision, the decision that he was not entitled to an education grant and from challenging the recovery of the overpayment. UNDT held that the decisions to use the leave balance and to withhold separation documents were receivable ratione temporis and lawful. UNDT found that the Organisation had no legal grounds for refusing to issue the separation notification to the UNJSPF to secure the payment of Mr Aliko’s debt to UNOPS. UNAT awarded material damages and ordered the Secretary-General to transmit Mr Aliko’s separation notification to UNJSPF.

Legal Principle(s)

Reiterations of an original claim do not stop the time for contesting the decision from running or give rise to a new administrative decision by restarting the time period during which one can contest the original decision.

Outcome

Appeal dismissed on merits; 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

Aliko

Entity

UNOPS

Case Number(s)

2014-616

2014-617

Tribunal

UNAT

Registry