UNAT held that UNDT erred by excluding periods of temporary service from the calculation of consecutive service, as required by Staff Rule 3. 13(a)(iii). UNAT upheld the appeal, vacated and modified the UNDT judgment by rescinding the contested decision, and directed the Secretary-General to make a decision in accordance with former Staff Rule 3. 13(b) in relation to the Appellant’s application for mobility allowance.
The Tribunal found the Applicant's reassignment was a proper exercise of the Secretary-General's discretion and dismissed the application. Reassignment of the Applicant: The Tribunal found that the relocation of the Applicant to Kuwait was prompted by administrative and humanitarian reasons based on space constraints in UNAMI in order to accommodate more humanitarian staff who were dealing with the influx of refugees from Syria. Accordingly, the Tribunal concluded that the Secretary-General's exercise of discretion was not tainted by any improper motives. Payment of DSA, hardship and mobility...
The administrative instruction ST/AI/2011/6 (Mobility allowance), which superseded ST/AI/2007/1 (Mobility allowance), was applicable to the Applicant’s request for mobility allowance submitted in January 2012. ST/AI/2011/6 included the requirement of five years of continuous service in the United Nations common system, which in the present case was not fulfilled. The Tribunal found that the Applicant was not eligible because she did not meet one of the requirements for payment of the mobility allowance, namely five years of continuous service in the United Nations common system.
The UNDT found that the main legal issue was whether ST/AI/2011/6 (Mobility and hardship scheme) applied to the counting of assignments that the Applicant undertook before the instruction went into effect on 1 July 2011. The UNDT found that ST/AI/2011/6 could not be applied retroactively to assignments that took place before it went into effect. The UNDT further found that the revised staff rule 4.8(b), which allows for different counting of the Applicant’s assignments, was applicable only to assignments starting on or after 1 July 2009, and was not retroactively applicable to prior...
