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Regarding the ex-gratia claim, the Tribunal observed that the evidence of the fact that the Applicant was carrying out the functions of a P-4 post could be noted from the fact that the functions which the P-4 currently is performing are the same as those which the Applicant was performing before she was reassigned in 2021. The Tribunal, thus, concluded that the Administration violated the Applicant’s right to equal pay for equal work. The Applicant had the right to be compensated for her functions at the proper level, and therefore, she had the right to retroactive payment of salary lost...

The challenge against the decision to grant the Applicant a special post allowance (SPA) instead of a temporary promotion was found to not be receivable ratione materiae for the lack of an administrative decision. The Tribunal also considered that this claim was not receivable due to the absence of a timely management evaluation request.  The challenge against the decision to find the Applicant ineligible to apply for a job opening at the P-5 level was found receivable given that the management evaluation request was filed within two months from the application for the job opening.  The...

UNAT considered two appeals by the Secretary-General. On the receivability, UNAT held that UNDT had not erred or exceeded its competence in finding the application receivable ratione materiae. UNAT held that the Secretary-General’s argument of non-receivability ratione temporis was without merit. UNAT held that UNDT erred on a question of law and fact and exceeded its competence when it held that the staff member was entitled to be granted a retroactive promotion with effect from 1 January 2012 to ensure that the time of the selection process from January 2012 to May 2013 be considered as “D-1...

UNDT held that the requirements of ST/AI/2003/3 were not satisfied since the Applicant was not serving on a higher-level post or regularly performing functions at the P-5 level. UNDT noted that the Applicant was serving on a post that was budgeted and classified at the P-4 level. UNDT further noted that there is no P-5 post within the Conference Management and Translation Unit. UNDT accordingly held that the Applicant did not satisfy the criteria for a Special Post Allowance. UNDT dismissed all claims.

For the purpose of determining eligibility for a SPA, the Applicant performed higher level functions from the date of the issuance of a vacancy announcement for the higher-level post until the selected candidate assumed the higher-level post. As he performed the higher-level functions for less than four months, the Applicant failed to meet the eligibility criteria under ST/AI/2003/3. The Applicant did not satisfy the criteria for SPA and that the Administration’s decision not to pay it was lawful.

The Tribunal found that the application, insofar as it contests the SPA decision and the Reclassification decision, is not receivable. The Applicant submitted his SPA claim three years too late, therefore, his claim is timebarred. As the Applicant never requested reclassification, there is no final administrative decision regarding reclassification. Without a final administrative decision regarding classification, the Dispute Tribunal lacks jurisdiction to adjudicate the Reclassification decision. The Tribunal found that the ToRs decision was lawful on the basis that the Administration...