UNDT/2024/103, Raschdorf
The Tribunal held:
1. Insofar as Decision A had already been ruled upon by two judgments that were now final, that part of the application was not receivable, being res judicata.
2. The Applicant’s challenges of Decisions B, C and D which were grounded on her Appendix D claim of 12 November 2020, were not receivable, being time-barred.
3. The consequential decisions arising from Decisions A - D were all rejected as irreceivable because they could not stand on their own.
The Applicant contested :
Decision A - The United Nations Controller’s decision of 11 October 2023 denying a claim for compensation under Appendix D to the Staff Rules.
Decision B - The Advisory Board on Compensation Claims (“ABCCâ€) recommendation of 30 June 2023 rejecting the Applicant’s Appendix D claim of 12 November 2020.
Decisions C and D - The ABCC Secretariat’s decisions of 11 October and 19 October 2023, upholding the Controller’s refusal to constitute a new medical board to appeal the decision not to waive deadlines and allow corrections of alleged procedural mistakes by the Organization.
The Applicant also contested consequential decisions arising from Decisions A - D.
It is settled law that the same cause of action cannot be adjudicated twice.
Article 2.1 of Appendix D requires a claimant to file an Appendix D claim within one year of the date on which the staff member becomes aware, or reasonably should have been aware, of their service-incurred injury or illness.