UNDT/2014/099

UNDT/2014/099, Smith

UNAT Held or UNDT Pronouncements

What the Applicant is seeking to challenge is the Secretary-General’s implementation of General Assembly resolution 65/248, which led to the discontinuation of payment of the MSA. The new conditions of service that discontinues the application of the temporary assignment to a non-family duty station as of 1 October 2011, is not an emanation of the Secretary General’s discretion. This General Assembly decision was binding on the Secretary-General, and its implementation affected staff across the Organization. This matter is materially outside the Tribunal’s jurisdiction.

Decision Contested or Judgment Appealed

The Applicant is contesting changes to his conditions of service as a result of General Assembly Resolution 65/248, which he maintains resulted in the arbitrary discontinuance of his temporary assignment to a non-family duty station as of 1 October 2011, and thus breaching his acquired rights.

Legal Principle(s)

N/A

Outcome

Dismissed as not receivable

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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

Smith

Entity

MONUSCO

Case Number(s)

UNDT/NBI/2011/76

Tribunal

UNDT

Registry Location :

Nairobi