2019-UNAT-906

2019-UNAT-906, Omwanda

UNAT Held or UNDT Pronouncements

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT exceeded its competence in reviewing Mr Omwanda’s EOD date, as it was not subject to a timely request for management evaluation. UNAT held that Mr Omwanda knew or ought to have known from his Letter of Appointment the date from which his appointment was effective, that he had been re-employed, not reinstated, and that its terms applied regardless of any period of former service. UNAT held UNDT was statutorily barred from hearing Mr Omwanda’s application. UNAT upheld the appeal and vacated the UNDT judgment.

Decision Contested or Judgment Appealed

Mr Omwanda contested, inter alia, the Administration’s decision not to pay him termination indemnity following an award of disability and the termination of his appointment on medical grounds. UNDT held that the three applications filed by Mr Omwanda succeeded in part. UNDT found that Mr Omwanda should have been deemed to have been in continuous service and, as such, his full period of service had to be taken into account in the computation of his termination indemnity. UNDT found that the Administration had used the incorrect date of entry on duty (EOD) date for the calculation of the termination indemnity due to Mr Omwanda. UNDT rescinded the Administration’s calculation of the termination indemnity, directing the Administration to provide him with a new calculation and to make any necessary adjustments to his separation entitlements and benefits. UNDT awarded Mr Omwanda USD 5,000 non-pecuniary damages for the procedural error.

Legal Principle(s)

An application is not receivable by UNDT if it is filed more than three years after the applicant’s receipt of the contested decision.

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

Omwanda

Entity

UNON

Case Number(s)

2018-1198

Tribunal

UNAT

Registry Location :

New York