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UNDT/2019/113

UNDT/2019/113, German

UNAT Held or UNDT Pronouncements

Receivability: The Respondent submitted in his reply that the Applicant’s request for compensation was not made within the requisite time limit. However, in denying the Applicant’s claim for compensation, the Administration did not reject his claim on the ground that it was filed late but rejected his claim on the merits and thus the Administration implicitly waived the timeline required under ST/AI/149/Rev.4. Since the contested decision is the Claims Board’s decision to deny the Applicant’s claim for compensation and the Applicant complied with the mandatory requirement of submitting a request for management evaluation and subsequently filing his claim before the Tribunal within time, the Tribunal has jurisdiction to consider the claim on its merits. Merits The Applicant stored and obtained insurance coverage for his personal belongings three years prior to his temporary assignment to a peacekeeping mission. Accordingly, neither the Applicant’s decision to store his personal effects nor any loss as a result of the fire at the warehouse are directly attributable to the Applicant’s performance of his official duties in a peacekeeping mission. Accordingly, although the loss occurred during the period that the Applicant was performing official duties, his loss was not directly attributable to the performance of official duties on behalf of the United Nations as required by staff rule 6.5 and thus he is not entitled to any compensation relating to his loss of personal effects. Furthermore, ST/AI/149/Rev.4 excludes compensation for loss of or damage to any articles that cannot be considered to have been “reasonably required by the staff member for day-to-day life under the conditions existing at the duty station†and the lost items did not meet this requirement. A further ground provided for rejecting the Applicant’s claim is that he chose the lump sum relocation shipment option when accepting a temporary assignment to a peacekeeping mission. The terms and conditions included in the offer, which the Applicant accepted, specifically provided that the Organization will not be responsible for any delays, additional expenses or liabilities that may arise. Finally, para. 24 of ST/AI/149/Rev.4 provides that payment of any approved compensation shall be conditional upon the recipient signing an instrument entitled “Undertaking and assignmentâ€, which states, among other things, that “[t]he sum total of the amount to be paid by the United Nations and the amount recovered or to be recovered by me from insurance, if any, in respect of said personal effects will not exceed the amount of the loss [of] or damage [to] personal effects sustained by meâ€. Since the Applicant himself declared the total value of his personal effects as USD13000 and obtained this sum in compensation from the insurance company, any compensation payable by the United Nations could not exceed the amount of the loss sustained by him, i.e. USD13000, even if he was entitled to compensation under ST/AI/149/Rev.4. This fact alone would be sufficient to disentitle the Applicant to any compensation from the United Nations.

Decision Contested or Judgment/Order Appealed

Denial the Applicant’s request for compensation for loss of his personal effects.

Legal Principle(s)

Under staff rule 6.5, the Applicant’s loss of his personal effects may be compensated by the Organization on condition that the loss is directly attributable to the performance of official duties on behalf of the United Nations.

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.

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