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Since the Tribunal has previously ruled that the 29 December 2016 recovery is not receivable, this judgment will be limited to the 26 June 2016 recovery. (...) Did the Respondent follow proper procedure in effecting the recovery? 22. The Applicant is contesting the lawfulness of the procedure employed by the Respondent in carrying out the recovery. He submits that pursuant to ST/AI/2009/1 (Recovery of overpayments made to staff members), he should have been notified of the overpayment and he should have been given the opportunity to explore a recovery option such as payment by installment.
Language:English
Score: 645145.7 - www.un.org/en/internalj...dt/judgments/undt-2017-060.pdf
Data Source: oaj
This misrepresentation was aimed at delaying recovery. 92. The Applicant stated that he had no intention of permanently preventing the recovery of the overpayments when he placed a “W” in the system. (...) Even if the Applicant did take steps to delay the recovery would such action on his part have been illegal? (...) Haque and Mr Wahab, and instead contacted the Chief of Payroll in Khartoum to seek a delay in recovery. The Applicant did not obtain proper authorisation to delay the recovery of his overpayments. 99.
Language:English
Score: 637824.95 - www.un.org/en/internalj...dt/judgments/undt-2014-052.pdf
Data Source: oaj
On 4 December 2013, the Applicant responded to the above email, expressing his disagreement with the recovery, arguing that no “overpayment” had been made to him, and that, hence, the Administrative Instruction on recovery of overpayments did not apply to his case. (...) No rule or regulation, or administrative issuance provides for recovery in case of underpayment by staff members; hence, the recovery for the underpayment of the Administration’s insurance premiums was not based on any legal authority; c. The Administration itself noted in its correspondence that the recovery was based on an “underpayment” and not on an overpayment of salary; the administrative instruction on recovery of overpayment only applies in case Case No.
Language:English
Score: 629619.8 - www.un.org/en/internalj...dt/judgments/undt-2015-055.pdf
Data Source: oaj
The UNDT erred in law and fact in ordering the refund of the recovery of the overpayment for April and May 2011. (...) Ten Have had been notified of the recovery of overpayment and was not even addressed to the UNDT. (...) There is no error of law or fact for the UNDT to hold that the two-year limitation on recovery of overpayments was applicable to Ms. Ten Have and to apply the two-year limitation period on the recovery of overpayments.
Language:English
Score: 629011.23 - www.un.org/en/internalj...at/judgments/2015-UNAT-599.pdf
Data Source: oaj
The Tribunal accepts the Respondent’s explanation that the education grant claims and recoveries listed in the final pay slip of February 2020 concerned four of the Applicant’s children - GB, DB, DB and GDB, for the school year 2018-2019. (...) First, to the extent the Respondent cites the fact that “The Applicant’s final pay statement of 27 February 2020 includes items of “EG Claim” [education grant claim] of US$ 56,779.26 and “EG ADV recovery” [education grant advance recovery] of US$ 63,295.32”, the Tribunal finds that this statement furnishes neither the basis for the claim nor the recovery. 8. (...) Accepting that none of the annexes show there was a recovery of the USD14,746.28 for DB for the 2013-2014 school year, as set out in the sanction letter, the overall opacity of the education grant accounting does not allow the Tribunal to establish the basis upon which the USD63,295.32 recovery was made. 10.
Language:English
Score: 623879.3 - www.un.org/en/internalj...s/undt/orders/nbi-2021-039.pdf
Data Source: oaj
In that case, recovery of the overpayment shall be limited to the amounts paid during the two-year period prior to the notification; c. (...) The Organization has not prescribed recovery period for overpayments. The decision rests within the discretion of the Secretary- General. (...) Such recovery could, if circumstances so warrant, be made in instalments as determined by the responsible officials referred to in section 2.2 above.
Language:English
Score: 621117.3 - www.un.org/en/internalj...t/judgments/undt-2011-214e.pdf
Data Source: oaj
Fortis’ application regarding the recovery of 7,000 Euros paid to his wife was not receivable ratione materiae. (...) The UNDT also rightly found that the contestation of the recovery of the 2015 dependency benefits was not receivable ratione materiae. (...) Fortis’ wife and the recovery of the dependency benefits paid in 2015 and that the request for the recovery of the overpayment was lawful, there is no legal basis for awarding damages to Mr.
Language:English
Score: 612539.75 - www.un.org/en/internalj...at/judgments/2019-UNAT-968.pdf
Data Source: oaj
The Administration submits that it has implemented the recoveries as mutually agreed in the payroll module which is now locked for the Applicant’s payroll group. (...) In this case, regardless of whether the recoveries are locked for the Applicant’s payroll group for his December salary, the Tribunal notes that the recovery deductions are of an ongoing nature and thus are being actively implemented on a month-to-month basis for five months. (...) The Tribunal will address the irreparable harm and urgency elements first since salary recovery in five monthly installments has an implication for these elements. 25.
Language:English
Score: 609299.85 - www.un.org/en/internalj...es/undt/orders/ny-2018-250.pdf
Data Source: oaj
The Applicant intentionally excluded all the three overpayments aggregating to USD 4,500 from automatic recovery by placing a “W” remark against each of them. (...) Jaffa had exhibited a “measure of dishonesty” in preventing the immediate recovery of the overpayments mistakenly made to him. (...) Jaffa’s request for a delay in the recovery of the overpayments. Mr. Jaffa then placed a withheld mark “W” against the figures in his account payable.
Language:English
Score: 608562.8 - www.un.org/en/internalj...at/judgments/2015-UNAT-545.pdf
Data Source: oaj
Consideration The Applicant’s administrative status and recovery of payments made 8. In his reply, the Respondent confirmed to the Tribunal that the Applicant, who was placed on SLWHP following the Tribunal’s Order No. 250 (GVA/2017), will remain on SLWHP. (...) Furthermore, the Respondent withdrew his notice of recovery of any half pay salary paid to the Applicant. (...) It follows from the above that the decisions with respect to the Applicant’s placement on SLWOP and recovery of any half pay salary paid to her have become moot.
Language:English
Score: 596641.65 - www.un.org/en/internalj...s/undt/orders/gva-2018-084.pdf
Data Source: oaj