UNDT/2011/047

UNDT/2011/047, Ernst

UNAT Held or UNDT Pronouncements

Award of allowances: The award of an allowance is contingent upon the existence of a written text. The fact that, in breach of the applicable provisions, the Administration granted the end-of-service allowance to staff members who were in the same situation as the Applicant cannot serve as a basis for awarding the allowance to her. Applicability of national laws: National legislations are not directly applicable to UN staff members, and it is for UN authorized bodies to implement such legislation into the internal laws of the UN. Judicial review: The Tribunal has no jurisdiction to interpret unambiguous provisions.

Decision Contested or Judgment/Order Appealed

The Applicant challenged the decision to reject her claim to end-of-service allowance on the grounds that she did not fulfil the requirements set out in UN/INF.243.

Legal Principle(s)

N/A

Outcome

Dismissed on merits

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Full judgment

Applicants/Appellants

Ernst

Entity

UNODC

Case Number(s)

UNDT/GVA/2010/026

Tribunal

UNDT

Registry

Geneva