UNDT/2011/021, Osterrieder

UNAT Held or UNDT Pronouncements

ST/IC/2006/60, the legality of which has not been contested by the Applicant, is clear as far as the rates for relocation grant are concerned. It stipulates on the one hand that for single staff members “separating from service following appointments or assignments of one year or more”, the applicable rate is USD10,000, and on the other hand that “for assignments of less than one year” the rate is USD1,200. It is clear that the Applicant, who was assigned to Geneva for six months only because he decided to resign, falls within the latter category. The Administration could thus rely on this provision to pay the Applicant USD1,200 as relocation grant.

Decision Contested or Judgment Appealed

The Applicant joined the United Nations under a two-year probationary appointment (100 Series) and resigned after six months. Upon separation, he opted for the payment of a relocation grant, in accordance with ST/AI/2006/5, in lieu of his entitlement to unaccompanied shipment under staff rule 107.21. The Administration paid him USD1,200 as relocation grant, i.e. the rate applicable to “assignments of less than one year” pursuant to ST/IC/2006/60. The Applicant contested that decision, claiming that since he had an appointment for one year or more, the rate applicable in his case was USD10,000.

Legal Principle(s)

N/A

Outcome
Dismissed on merits

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Osterrieder
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