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UNDT/2021/053

UNDT/2021/053, Branglidor

UNAT Held or UNDT Pronouncements

Although the Organization’s payment of the Applicant’s final entitlements into the wrong bank account was a serious irregularity, the Tribunal concluded that the irregularity did not obliterate the fact that the Organization discharged its final payment obligation toward the Applicant because the payment was made into the Applicant’s account on record. This mistake did not cause financial damage to the Applicant but rather resulted in a reduction of his personal liabilities. Further, the Applicant had had several opportunities to authorize the return of the funds to the Organization, and thus undo the consequences of the irregularity, but he did not do so. The Tribunal found that the Respondent properly placed the Applicant on SLWOP for his unauthorized/unexplained absences on: 1 to 16 July 2017 (3 to 14 July 2017 without weekends) 26 to 28 September 2017 11 to 17 January 2018 27 April 2018 30 July 2018 and 2 to 18 October 2018 in accordance with section 2.5 of ST/AI/2005/3. The Applicant’s claim for financial damages was rejected because there was no miscalculation in the separation payments to the Applicant’s detriment. To the contrary, the Tribunal found that several payments went to his undue advantage (i.e. failure to recover the education grant overpayment of EUR13,079.95 (USD14,746.28)----footnote1---- failure to recover the cost of the lost laptop estimated at USD500.00----footnote2---- and possible miscalculation of adjustment of education grant on account of SLWOP). To the extent that the Applicant sought to derive compensation for the delayed payments, the Tribunal concluded that he had suffered no financial loss resulting from the late processing of separation payments because the delay in disbursing the earnings was accompanied by a delay in effecting deductions. The Applicant’s claim for non-financial damages was rejected because he failed to prove a connection between the question of non-payment of entitlements and the moral and physical suffering he alleged. Related

Decision Contested or Judgment/Order Appealed

The Applicant contested the unlawful withholding of “retroactive boarding claimsâ€, his March 2019 earnings and “relocation, repatriation and 2018-2019 education grant claims.

Legal Principle(s)

The recording of unjustified absences exceeding annual leave entitlement as Special Leave Without Pay (SLWOP) and prorating payments accordingly is a correct practice.

Outcome
Dismissed on merits
Outcome Extra Text

The Tribunal concluded that the Applicant’s final salary, education grant claims and separation entitlements had been paid by the Organization.

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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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