2013-��AT-303

��AT Held or ��DT Pronouncements

��AT rejected ��DT��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 ��RWA should have been counted as service with the �� and that he thus met the service criterion for eligibility. ��AT 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.

Decision Contested or Judgment/Order Appealed

��DT Judgment: The Applicant contested the decision that he was not eligible for conversion to a permanent appointment. ��DT rejected the application, holding that his prior service with ��RWA did not qualify as service under the 100 series of the Staff Rules, as required by ST/SGB/2009/10.

Legal Principle(s)

A staff member��s service with his/her previous entity must be counted in determining whether the eligibility requirement of five years of continuous service for conversion to permanent appointment is met, provided that he/she was transferred or seconded, under the Inter-Organization Agreement concerning Transfer, Secondment or Loan of Staff among the Organizations Applying the United Nations Common System of Salaries and Allowances (Inter-Organization Agreement).

Outcome

Appeal granted

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

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