2020-UNAT-1037 | SYSTEM OF ADMINISTRATION OF JUSTICE

2020-UNAT-1037, Yabowork

UNAT Held or UNDT Pronouncements

UNAT held that UNDT’s language, which was strongly critical of the Appellant, was unwarranted. UNAT held that UNDT did not err in finding that the decision to discontinue the payment of her SPA was a legitimate exercise of the Administration’s discretion, as the Appellant no longer met the requirements for it. UNAT held that the discontinuation of the SPA was justified in view of the Administration’s obligation and right to correct such an erroneous situation. UNAT dismissed the appeal and affirmed the UNDT judgment.

Decision Contested or Judgment Appealed

The Applicant contested the Administration’s decision to discontinue her Special Post Allowance (SPA), which had been paid in recognition of her performance at a higher level for approximately 6 years. UNDT found that the functions of team leader and/or delegated certifying officer did not represent the full functions of a P-2 level post but fell within the functions of the Applicant’s G-7 post. UNDT held that the objective of the classification exercise recommended by the Management Evaluation Unit was not to place the Applicant at a higher-level post but to determine whether the duties and responsibilities assigned to her were commensurate to the staff member’s post, which it did so determine. UNDT dismissed the case.

Legal Principle(s)

Special Post Allowance (SPA) is of a discretionary, temporary and exceptional nature.

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

Yabowork

Entity

ECA

Case Number(s)

2020-1353

Tribunal

UNAT

Registry Location :

New York