UNDT/2013/137, Munuve
The Tribunal found that most of the Applicant’s claims were time barred and that those which were not time barred were without merit. It was found that UNON had paid the Applicant’s SPA for the periods when he was entitled to it and that he no longer had any legitimate claims for SPA against UNON. Employment Contract: A contract of employment is personal between the employee in each case and the employer. The terms of one’s employment as stipulated in the letter of appointment or contract of employment is binding in personam between staff member and the organization and one cannot seek to imply the terms of another’s contract into his or her own.When one resigns at a senior position, seeks employment later and accepts a lower level contract, there is no expectation that the organization would re employ him/her at his/her old position. Classification/Reclassification: Differentiation in classification between different staff members, resulting out of a competitive selection exercise is not prima facie evidence of discrimination or breach of the principle of equal pay for equal work. Moreover, complaints about reclassification of staff members’ posts ought to first be appealed through the administrative procedure set out in ST/A1/1998/9 before being instituted for formal litigation in the Dispute Tribunal. Special Post Allowance: SPA is not an automatic entitlement for staff members occupying higher-level posts temporarily. It is paid at the discretion of the Secretary-General and only after three months have lapsed since a staff member took up higher-level duties. It is expected that from time to time, staff members may be called upon to take up higher-level duties without the payment of SPA. Where it is granted, SPA may only be paid at one level higher than the personal level of the staff member assigned to higher-level functions and an essential condition for the grant of SPA is that the post occupied by the claimant be vacant or temporarily vacant.
The Applicant, a retired staff member of the United Nations Office at Nairobi (UNON) contested and sought compensation for an alleged failure by UNON to pay him adequate SPA for higher level duties that he claimed to have performed during his tenure in service. He also contested the alleged wrongful classification of his post.
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