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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...

UNAT considered the Secretary-General’s appeal. UNAT agreed with UNDT’s determination that the actual consideration afforded to Gueben et al. was minimal, inadequate, and not in accordance with the relevant instructions. Moreover, UNAT found that UNDT did not err in its interpretation of the relevant provisions in ruling that the Officer in Charge for Human Resources Management could have converted their fixed-term appointments to permanent ones without a limitation of service. Further UNAT found no merit in the Secretary-General’s argument that UNDT improperly substituted its discretion for...

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...

The Applicant was denied eligibility for conversion because in 2006 she had a break in service of eight days, which interrupted the continuity of her service. The UNDT found that the main issue in the case was whether the break in service in 2006 can be taken into account for the purpose of conversion to a permanent appointment. The UNDT found that the break in service that took place in 2006 shall not be taken into account because the Applicant was induced into taking it, without proper legal basis, as a condition for her employment in New York. The UNDT ordered rescission of the decision...

Binding force of UNAT judgments: Judgments of the Appeals Tribunal are binding upon the parties. Their binding effect is not restricted to the orders provided under the “Judgment” section, but also extends to the other operative paragraphs, which set out the major considerations for the determinations made. Articulation of the interest of the Organization and the criteria for conversion: The interest of the Organization is a legitimate consideration to be taken into account when assessing the suitability of a staff member; however, as articulated in the relevant rules, it is ancillary to the...

Binding force of UNAT judgments: Judgments of the Appeals Tribunal are binding upon the parties. Their binding effect is not restricted to the orders provided under the “Judgment” section, but also extends to the other operative paragraphs, which set out the major considerations for the determinations made. Articulation of the interest of the Organization and the criteria for conversion: The interest of the Organization is a legitimate consideration to be taken into account when assessing the suitability of a staff member; however, as articulated in the relevant rules, it is ancillary to 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.

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The Tribunal noted that the starting point for the Tribunal’s review of the legality of the contested decisions was the considerations of the Appeals Tribunal in its Judgments Ademagic et al. and McIlwraith 2013-UNAT-359 and Ademagic et al. 2016-UNAT-684, which remanded the decisions on the conversion of the Applicants’ fixed-term appointments to the ASG/OHRM for reconsideration. The Tribunal recalled the legal framework and identified the following issues for examination: Did the Administration discriminate against the Applicants in tying their suitability for permanent appointments...