51³Ô¹Ï

The Tribunal finds that the Salary case was never properly before the Tribunal and is not receivable. It is within the discretionary authority of the Secretary-General to reconsider whether the existence of an injury is attributable to the performance of official duties. In this case, the Secretary-General has refused to exercise that discretion. The Applicant’s claims in as far as they rely on art. 11 of Appendix D to the Staff Rules are therefore not receivable. With respect to all of the Applicant’s other claims including her claim for DSA and air ticket for her daughter’s travel in 2002...

Jurisdiction of the Tribunal: The Tribunal held that in matters relating to Appendix D of the Staff Rules it has jurisdiction to determine: (i) whether the ABCC correctly followed the procedure applicable to medical claims; (ii) whether it properly directed its mind to the relevant issues; and (iii) whether the evidence on which it based its determination was adequate or flawed. The Tribunal held that it has no jurisdiction to make any such assessment and to substitute its own evaluation for the one reached by an expert body like the ABCC. Request for reconsideration: The Tribunal found that...