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The Tribunal, referring to O’Hanlon, (which was not before the UNDT), stated that, “This Tribunal interpreted the Inter-Organisation Agreement Concerning Transfer, Secondment or Loan of Staff Among the Organisations Applying the United Nations Common System of Salaries and Allowances to require that service in the releasing Organisation will be counted as service in the receiving Organisation. The Inter-Organisation Agreement interpreted that O’Hanlon was remarkably similar to Article 5. 1 of the IAMA, which pertains to service credits for staff who transfer under the IAMA. Under the rationale...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT did not properly review the impugned administrative decision to determine whether the Administration had given full and fair consideration to staff members’ suitability for conversion. UNAT held that the Administration had fully complied with Section 1 of ST/SGB/2009/10 and paragraph 5 of the Guidelines, as it must when considering whether a staff member is eligible for conversion. UNAT held that UNDT had made a significant error of law in concluding that the impugned decision was unlawful. UNAT held that UNDT had erred in...

The UNDT found that the Applicant’s service should be deemed uninterrupted and continuous on a 100 series fixed-term contract. The UNDT found that the Applicant did not suffer any loss with respect to the delay of her family leave, but that she should be awarded USD1,200 as compensation for not receiving her home leave entitlement in December 2009. The UNDT rejected the Applicant’s claims of emotional distress as unproven. The UNDT also found that the Applicant satisfied the eligibility criteria for consideration for conversion to a permanent appointment and should have been considered for it...

Were the rules followed correctly to assess the relevant professional experience of the Applicant for the advertised JO? The standards and principles in ST/AI/2010/3 governing the selection of international staff, to some extent, apply by reference to the recruitment for NPO posts. Authority to assess candidates’ eligibility In her capacity as CCPO of UNFICYP, Ms. Kaddoura was entitled to verify whether the candidates for the Position met the minimum requirements specified in the JO. She was also bound to correct any errors discovered in the process. Application of the JO requirements The...

The Tribunal found that determining that the Applicant did not meet the minimum professional relevant experience for the Position was in accordance with the applicable rules and guidelines, and based on a reasonable and plausible approach. It also concluded that the Applicant had no legitimate expectation to be the successful candidate with regard to that selection process, even if he had been initially considered eligible, allowed to take the written test and underwent the competency-based interview.