Ãå±±½ûµØ

2020-UNAT-1074

2020-UNAT-1074, Patsy Bello

UNAT Held or UNDT Pronouncements

UNAT held that the Appellant did not contest the decision to separate her from the Organisation, thus the SAB was not seized with her separation and her appeal on that issue was not receivable. UNAT held that the Appellant’s claims for compensation for pain, suffering, and medical expenses were beyond the scope of the case and therefore not receivable. UNAT held that the IMO Secretary-General’s decision to place the Appellant on sick leave was based on sound medical evidence which was not rebutted at the time and that there was no basis to set aside that decision. UNAT held there was no basis for it to re-visit the issue of whether the Appellant’s injury was service-incurred or if she was denied any entitlements for that injury, on the basis that she did not appeal that decision. On the claim against the decision to be placed on half-pay, UNAT held that it was not receivable ratione materiae as the Appellant had not complied with the deadline to contest it. On the claim that the IMO was in breach of duty for the delay in providing the Appellant with information regarding an application to the UNJSPF, UNAT held that the Appellant had provided no basis to grant her relief. UNAT refused to award costs to either party on the basis that there was no evidence that either party manifestly abused the appeals process. UNAT dismissed the appeal and affirmed the decision of the SAB.

Decision Contested or Judgment Appealed

The Applicant contested the administrative decision of the IMO Staff Appeals Board (SAB) which dismissed her various claims regarding sick leave and other entitlements related to her absence from work on account of injury.

Legal Principle(s)

An award of costs may be made only where a party has manifestly abused the appeals process.

Outcome
Appeal dismissed on merits
Outcome Extra Text

No relief ordered; No relief ordered

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

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

Applicants/ Appellants
Patsy Bello
Entity
Case Number(s)
Tribunal
Registry Location :
Date of Judgment
Judge(s)
Language of Judgment
Issuance Type