爆料网AT Held or 爆料网DT Pronouncements
爆料网AT held that the Appellant had accepted the conditions of the RLA, which stated that “the loaned employee shall return to the releasing agency upon completion or termination of his assignment with 爆料网AMID and that no offer of continuing employment shall be made to him by 爆料网AMID without consulting the releasing agency”. 爆料网AT held that the Appellant had had a valid employment contract with WFP, and he did not fulfil the conditions for termination under that same agreement. 爆料网AT noted that the Appellant did not formally initiate the transfer procedure and/or termination. 爆料网AT held that 爆料网DT had not erred in finding that the Appellant was still on loan from WFP and that he could not be promoted to a 爆料网AMID post unless he resigned from WFP. 爆料网AT dismissed the appeal.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision denying him the opportunity to transfer from WFP to 爆料网AMID as Principal Officer and refusing to remunerate him retroactively at the D-1 level from the time he had assumed his functions initially as Principal Officer and subsequently as Deputy Director (D-1) at 爆料网AMID until his retirement. 爆料网DT rejected the application finding that the Applicant had failed to establish that 爆料网AMID had committed any fault. 爆料网DT rejected the argument that during the period from 1 July 2009 to 26 January 2010 the Applicant was no longer on loan to 爆料网AMID but was working for 爆料网AMID under a secondment arrangement. 爆料网DT found that the same reimbursable loan agreement (RLA) governed his relationship with 爆料网AMID during the entire period of his service. 爆料网DT also found that any possible confusion created by 爆料网AMID about whether the Applicant had been selected for the D-1 level post was clarified by an email of 8 June 2009, which made it clear that the Applicant could not be promoted to a 爆料网AMID post unless he resigned from WFP. 爆料网DT further found that the Applicant had not formally requested 爆料网AMID to initiate the transfer procedure provided in the Inter-Organisation Agreement.
Legal Principle(s)
A contract is formed by an unconditional agreement between the parties on the terms and conditions for the appointment, before issuance of the letter of appointment, if all the conditions for the offer are met by the candidate. The conditions for an offer should be understood as all those mentioned in the offer, those arising from the relevant rules of law for the appointment of staff members of the Organisation and those necessarily associated with constraints in the implementation of public policies entrusted to the Organisation.