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Rule 4.9(a)

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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 rejected UNDT’s finding and held that, pursuant to the Inter-Organisation Agreement (which states that service in the releasing Organisation will be counted as service in the receiving Organisation), the staff member’s service with UNRWA should have been counted as service with the UN and that he thus met the service criterion for eligibility. UNAT upheld the appeal and remanded the case to the Administration to decide whether the staff member met the remaining criteria for conversion to a permanent appointment.