UNDT/2016/040, Kisia
As results from the evidence and from the Respondent’s submissions, the contested decision consisted in the UNCB’s recommendation against awarding the Applicant any compensation, which was included in the minutes of UNCB’s 343rd meeting of 20 February 2014 submitted for the ASG/Controller’s consideration on 4 April 2014.The Tribunal, after reviewing the content of the contested decision, finds that instead of making her own final and reasoned decision on the Applicant’s claim, the ASG/Controller appears to have only signed off on the recommendation made by the UNCB to deny the claim on 23 April 2014, as admitted by the Respondent. The Tribunal observes that the signature of 23 April 2014 is not affixed next to the name of the person who signed off and/or the position of the decision-maker. The Tribunal granted the application. Consequently, the contested decision, together with the UNBC’s recommendation, were rescinded. The Applicant’s claim was remanded for a new examination by the UNCB on receivability and, if receivable, on the merits. Based on the UNCB recommendation, the ASG/Controller will then have to make a separate, reasoned and final decision on the claim. The entire process was to be completed within 90 days of the publication of the present judgment.
The Applicant, a former Security Officer with SSS/DSS, contested the decision of the Controller to approve the recommendation of the 51³Ô¹Ï Claims Board (UNCB) to deny his claim for compensation of USD2,277.53 for damage to his car following an accident that occurred on 27 July 2013 at security post no. 103, 51³Ô¹Ï Secretariat building, New York.
The Controller’s failure of making a decision: Section 18 of ST/AI/149/Rev.4/1993 states that “The [UNCB] shall act in an advisory capacity to the [ASG/Controller] and shall transmit its recommendation regarding the settlement of each claim to the [ASG/Controller]â€. According to this mandatory provision, the UNCB’s recommendation does not constitute the final decision regarding whether to grant compensation for damage to personal effects attributable to service, and as such the decision is only to be made by the ASG/Controller based on UNCB’s recommendation. Compliance with this provision is mandatory and the ASG/Controller is required to take his/her own decision, which must be a completely separate and reasoned decision from the UNCB’s recommendation.
Only spec. perform. (incl. rescission with $ alt.)