ÍæÅ¼½ã½ã

UNDT/2019/007

UNDT/2019/007, German

UNAT Held or UNDT Pronouncements

The ST/AI stipulates a condition attached to the entitlement of the payment of the balance of the relocation grant, namely that the payment of the balance of the relocation grant shall be made only when an extension of the assignment occurs at least six months prior to the expected end of the assignment at the duty station. The extension having occurred approximately three months before the end of the assignment, UNDT held that the Applicant is not entitled to the balance. The fact that the Applicant submits that nobody advised him of this condition in January 2018, six months prior to the extension of his assignment, does not alter the outcome. UNDT held it is well established that it is a staff member’s responsibility to ensure that he or she is aware of the provisions of the rules and regulations governing her employment and ignorance of the law is no excuse.

Decision Contested or Judgment/Order Appealed

Tha Applicant contests the decision of the United Nations Verification Mission in Columbia to pay him USD1,500, instead of USD18,000, as relocation grant for his temporary assignment with the Mission.

Legal Principle(s)

It is a staff member’s responsibility to ensure that he or she is aware of the provisions of the rules and regulations governing her employment. Ignorance of the law is no excuse. UNDT did not consider that the relevant rules and regulations caused the Applicant disproportionate harm or prejudice to the extent that the enforcement of the Regulations is unreasonable, unconscionable or oppressive because strict enforcement will be contrary to proper and fair policy.

Outcome
Dismissed on merits

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.

Applicants/Appellants
German
Entity
Case Number(s)
Tribunal
Registry
Date of Judgement
Language of Judgment
Issuance Type