UNDT/2015/011

UNDT/2015/011, Ronved

UNAT Held or UNDT Pronouncements

Ultra vires - Whereas procedures and guidelines may be developed by the Organisation to implement promulgated issuances, it is unreasonable for said guidelines to be so far reaching as to effectively add new provisions to the overarching issuance. This would amount to a usurpation of the legislative powers of the General Assembly.

Decision Contested or Judgment Appealed

The Applicant is employed as a Logistics Officer at the United Nations Organization Stabilization Mission in the Democratic Republic of Congo (“MONUSCO”) at the P3 level. He filed an Application contesting the calculation of a lump-sum amount for his reverse education grant travel. He submitted that he was underpaid for his lump-sum travel as he was not compensated for the taxes, fees and surcharges added to the carrier’s fare. The Tribunal found that the Applicant is entitled to judgment. The Respondent is ordered to pay the Applicant USD475.75 plus interest at the US Prime Rate applicable at the date the entitlement was due to the Applicant to the date of payment of the compensation awarded by the Tribunal.

Legal Principle(s)

N/A

Outcome

Judgment entered for Applicant in full or in part

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

Ronved

Entity

MONUSCO

Case Number(s)

UNDT/NBI/2013/24

Tribunal

UNDT

Registry Location :

Nairobi