UNDT/2021/018, Kuate

UNAT Held or UNDT Pronouncements

The Tribunal held that with respect to the decisions of June 2018 on deductions on account of child support and 24 September 2018 on recording the Applicant’s status as “divorced”, the application is not receivable. The Tribunal rescinded the decision of 18 September 2018, because as admitted by the Respondent in his response to Order No. 190 (NBI/2020), this administrative decision had been issued in error. All other pleas were rejected.

Decision Contested or Judgment Appealed

The decision to make deductions from the Applicant’s salary to be paid to his wife to satisfy child support obligations and recoveries of other related entitlements made by the Organization.

Legal Principle(s)

It is not a primary role of the Respondent to execute family support orders. This is enunciated in section 2 of ST/SGB/1999/4 (Maintenance, education and other support obligations of officials), which establishes authorizing deductions as discretionary.

Outcome
Judgment entered for Applicant in full or in part
Outcome Extra Text

The Tribunal ordered rescission of a decision dated 18 September 2018, which was issued Text: erroneously. All other claims were rejected. Financial compentsation was not ordered because the Applicant did not suffer any financial harm under art. 10.5 of the UNDT Statute.

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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.

Applicants/ Appellants
Kuate
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