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Rule 109.3

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Although a series of resolutions of the General Assembly authorized the Secretary-General (provided a number of conditions were fulfilled) to reappoint under the I00 series of the Staff Rules mission staff whose service under 300 series contracts had reached the four-year limit, there had never been any legal obligation to do so. Even if the principles of Handelsman were applied to this case, no express promise for converting the appointments could be found. Furthemore the Applicants failed to exhaust internal remedies in a timely manner, since they did not initiate formal proceedings against...

Staff members with permanent appointments are afforded additional protections, particularly when nearing retirement age. Administration’s obligation to protect the position of a permanent staff member includes, at least, an enquiry and the taking of reasonable steps to ascertain if there were any suitable positions available for the staff member. The staff member is required to cooperate in this search but the responsibility for protecting the position of the permanent employee is primarily with the employer.The universal obligation of both employee and employer to act in good faith towards...