山

UNDT/2013/059

View PDF

UNDT/2013/059, Simmons

UNAT Held or UNDT Pronouncements

The administrative decision that was being challenged was made on the recommendation of the Advisory Board on Compensation Claims (“ABCC”). The Tribunal found that the ABCC was correct in rejecting the Applicant’s claim for compensation for injuries suffered from the car accident.

Decision Contested or Judgment/Order Appealed

The Applicant challenged the decision not to award her compensation for injuries which she sustained from a vehicular accident. She contended that when the accident occurred she was commuting from work and therefore on official duty.

Legal Principle(s)

Entitlement to compensation for injuries sustained while commuting to work: Appendix D does not specifically provide for compensation for injuries sustained while commuting to and from work. However, under the practice of the ABCC, staff members are entitled to compensation when travelling via the most direct route.Staff members’ obligation to cooperate with ABCC: When dealing with a case regarding compensation for injuries sustained while commuting to and from work, it is reasonable for the ABCC to require from the concerned staff member an explanation supported by appropriate documentation, if available, about the her/his journey when s/he obviously did not travel the most direct route.

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
Simmons
Entity
ABCC
Case Number(s)
UNDT/NY/2010/091
Tribunal
UNDT
Registry :
New York
Date of Judgement
Judge(s)
Judge Meeran
Language of Judgment
English
Issuance Type
Judgment
Document Topic/Theme :
TEST -Rename- Benefits and entitlements-45
Applicable Law
UNDT Statute
Related Judgments and Orders
UNDT/2010/060
2010-UNAT-094