UNDT/2009/089, Wilkinson et al
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 the nonconversion although they had the opportunity to do, so. Instead they accepted and signed, without qualification, a series of appointments under the 300 series.
The Applicants, all former staff members of UNMIK, served for more than four years under 300 series of former Staff Rules and request to receive termination benefits equivalent to those paid to staff employed under the 100 series. They claim that the Administration had a legal obligation to convert their appointments from the 300 series to the 100 series and refer to several documents they regard as assurances and promises to do so.
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