The Tribunal observed that the purpose of the special education grant appears to be to ensure that staff members who have children with special needs are provided with assistance in meeting certain extra expenses, over and beyond the normal ones, that the staff members may incur in educating such children with special needs. The Tribunal found that under the circumstances, the Applicant was justified to transport his child with a disability to the required after-school therapy and special education classes using his private motor vehicle. The Tribunal further found that the Administration’s... |
ST/AI/2013/3
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Ultra vires - Whereas procedures and guidelines may be developed by the Organisation to implement promulgated issuances, it is unreasonable for said guidelines to be so far reaching as to effectively add new provisions to the overarching issuance. This would amount to a usurpation of the legislative powers of the General Assembly.
The UNDT found that the decision to deny the Applicant’s request for advance home leave was unlawful and ordered the Respondent to correct the Applicant’s personnel file to reflect the home leave points she accrued while working on temporary appointments, and to pay her material damages in the amount of USD1,543.04, in compensation of the price she paid for her flight ticket. Transition from a temporary to a fixed-term appointment: Sec. 1.2 of ST/AI/2010/4/Rev.1 indicates how the Organization shall proceed when granting a fixed-term appointment after a temporary appointment. However, it does...