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The UNAT held that the ISA JAB was correct in determining that Ms. Nguyen was: (1) not entitled to a repatriation grant from ISA; (2) not entitled to payment for unused accrued annual leave, which was transferred to her subsequent employer, UNRWA; (3) not entitled to reimbursement for certain school supply expenses; and (4) not entitled to the non-removal allowance, which was a discontinued benefit. However, the UNAT also held that the ISA JAB erred in denying Ms. Nguyen a relocation grant, and erred in denying her the travel expenses and travel time from Kingston, Jamaica to New York.  The...

UNAT held that UNDT did not err by not considering the various provisions of Staff Rule 3. 18. UNAT held that a staff member’s failure to meet the requirements of either Annex IV or Staff Rule 3. 18 precluded the staff member from being eligible for a repatriation grant and, since the Appellant did not meet the requirement of Annex IV, that she relocate after separation from service, there was no need for UNDT to consider whether she met the conditions for eligibility under Staff Rule 3. 18(c). UNAT held that UNDT did not err in determining the Appellant was not eligible for a repatriation...

Tribunal’s review of eligibility for benefits: The Secretary-General has no discretion to grant or deny a benefit provided for in the Staff Regulations and Rules and is bound, in this respect, by the applicable rules. Accordingly, when the matter before the Tribunal concerns the refusal to grant a benefit, the Tribunal may only examine whether the staff member was eligible for, or entitled to, such benefit, without taking into account the grounds for refusal provided by the Administration. The fact that other staff members in the same situation may have been granted the disputed benefit is...