UNDT/2013/022 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2013/022, Milosev

UNAT Held or UNDT Pronouncements

The UNDT found that the Applicants were not eligible to be paid termination indemnity and that the decision was lawful.

Decision Contested or Judgment Appealed

The Applicants appealed the decision not to grant them termination indemnity upon the abolition of their posts as a consequence of the closure of the Skopje liaison office of UNMIK on 30 June 2012.

Legal Principle(s)

Tribunal’s review of eligibility for benefits: The Secretary-General has no discretion to grant or deny a benefit provided for in the Staff Regulations and Rules and is bound, in this respect, by the applicable rules. Annex III to the Staff Regulations is clear in that no termination indemnity shall be paid to a staff member whose fixed-term appointment is completed upon its expiration date and the Secretary-General has no discretion in this respect. The principle of equal treatment applies only if the Secretary-General enjoys discretionary authority, which he did not in the cases at hand, hence the fact that other staff members in similar situations may have been granted termination indemnity is irrelevant.

Outcome

Dismissed on merits

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.

Full Judgment

Applicants/ Appellants

Milosev

Entity

UNMIK

Case Number(s)

UNDT/GVA/2012/73

Tribunal

UNDT

Registry Location :

Geneva