UNDT/2025/012, Igor Kulga
UNAT Held or UNDT Pronouncements
The Tribunal rejected the Applicant’s arguments and found that the decision to recover a portion of the Applicant’s Home Leave lump sum was lawful.
The Applicant manifestly abused the judicial review process by filing a frivolous application. The Applicant repeatedly lied to the Administration for over six months in seeking to obtain and keep a Home Leave lump sum payment to which he was not entitled.
Still seeking to keep the lump sum in full, he filed an application with the Tribunal. In his application, and his subsequent submissions, the Applicant repeated his lies and even expanded upon them. Accordingly, the Respondent and the Tribunal were required to expend hours dealing with this case.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision to recover a portion of his Home Leave lump sum which he received in January 2024.
Legal Principle(s)
The Dispute Tribunal has the inherent power to individualize and define an administrative decision challenged by a party and to identify the subject(s) of judicial review.
United Nations Secretariat administrative issuances do not apply to UNFPA unless their applicability is expressly provided for in the administrative issuance or expressly accepted by UNFPA being a separately administered fund.
Article 10.6 of the Tribunal’s Statute provides that where the Dispute Tribunal determines that a party has manifestly abused the proceedings before it, it may award costs against that party.
Outcome
Outcome Extra Text
The application was denied in its entirety and the Tribunal awarded the Respondent costs of USD2,746 against the Applicant.