UNDT/2021/001 | SYSTEM OF ADMINISTRATION OF JUSTICE

UNDT/2021/001, Coca

UNAT Held or UNDT Pronouncements

The Tribunal found that Administration properly calculated the Applicant’s sick leave entitlements and that the procedure to terminate her appointment for health reasons was properly followed. The Tribunal found that as the Applicant had been “re-employed” on the fixed-term contract, staff rule 4.17 prevented the Applicant from claiming that she had completed more than three years of continuous service based on her previous service under the temporary appointment. Therefore, the Applicant’s sick leave entitlement of three months on full salary and three months on half salary was calculated properly.

Decision Contested or Judgment Appealed

The calculation of the Applicant’s sick leave entitlements and the related decision to terminate her appointment for medical reasons.

Legal Principle(s)

Whether the Applicant’s sick leave entitlement of three months on full salary and three months on half salary was calculated properly, and her appointment was unlawfully terminated for medical reasons.

Outcome

Dismissed on merits

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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

Coca

Entity

UNCTAD

Case Number(s)

UNDT/NY/2018/070

Tribunal

UNDT

Registry Location :

New York