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439-501 Judgements of the United Nations Administrative Tribunal 1 (1989-1990)

handle is hein.unl/junadtt0009 and id is 1 raw text is: ADMINISTRATIVE TRIBUNAL Judgement No. 439 Case No. 483: VAN BRANTEGHEM Against: The Secretary-General of the United Nations THE ADMINISTRATIVE TRIBUNAL OF THE UNITED NATIONS, Composed of Mr. Arnold Kean, President; Mr. Ahmed Osman; Mr. Ioan Voicu; Whereas, on 9 November 1988, Ronny Paul Van Branteghem, a former staff member of the United Nations Development Programme, hereinafter called UNDP, filed an application the pleas of which read as follows: 1. The subject of the appeal brought before the Joint Appeals Board concerned the decision of the United Nations Development Programme (UNDP) requiring the Applicant to refund the costs of the home leave travel of himself and his family. The Panel recommended that this decision be rescinded and this recommendation was accepted by the Secretary-General; 2. Without being solicited hereto by UNDP, the Joint Appeals Board has formulated, on its own initiative and without any discussion hereof between all parties involved, a recommendation on the recovery, by UNDP, of the Applicant's repatriation travel costs of himself and his family. The Applicant requests the Tribunal to find that this recommen- dation is not pertinent to the case and that the Board has exceeded its competence by considering an issue which is not related to UNDP's demand; 3. In accordance with the contents of the above paragraph 2, the Applicant requests the Tribunal to find that the decision of the Secretary-General should not have been sought on the unrelated matter of repatriation travel costs and that, therefore, this part of the final decision should be disregarded;

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