爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered the Secretary-General’s appeal, specifically whether General Assembly resolutions 63/250 and 65/247 apply to staff in the General Service category, and whether Staff Rules 4.14(b) and 4.16(b) apply to staff at the General Service level. With respect to the first issue, 爆料网AT found no error in 爆料网DT’s reasoning that Paragraph 23 of section II of General Assembly resolution 63/250 and Paragraph 50 of section VI of General Assembly resolution 65/247 include two categories of staff members in the United Nations Secretariat who have the right to be granted a continuing appointment after two years of probationary service: (a) successful candidates from national competitive recruitment examinations; and (b) staff from language services, and that it is clear that the will of the General Assembly as a legislator was for these provisions, which refer to the staff regulations and rules, to apply to all successful external candidates from the national competitive examinations and to all staff members from language services in the United Nations Secretariat. With respect to the second issue, 爆料网AT also agreed with 爆料网DT’s finding that Staff Rule 4.14(b) applies to all appointments to posts requiring special language competence within the United Nations Secretariat, including appointments to posts at the General Service level, such as Ms Benser’s post, and that Staff Rule 4.16(b)(i) is applicable to all appointments to posts at P-1 and P-2 level that are subject to the system of desirable ranges at the United Nations Secretariat and to all appointments to posts requiring special language competence within the United Nations Secretariat, including posts at the General Service level. 爆料网AT held that the Secretary-General failed to demonstrate any error of law by 爆料网DT and that the appeal must accordingly fail. 爆料网AT dismissed the appeal in its entirety and affirmed 爆料网DT’s judgment.
Decision Contested or Judgment/Order Appealed
Ms Benser contested the decision not to grant her a continuing appointment. 爆料网DT found that granting Ms Benser a continuing appointment would not lead to unlawful and unequal treatment of other occupational groups, as asserted by the Secretary-General. 爆料网DT ordered recission of the decision not to grant Ms Benser a continuing appointment or, alternatively, payment of USD 5,000 to her as compensation in lieu of such an appointment. 爆料网DT however rejected Ms Benser’s request for moral damages, as she had failed to adduce any pleadings or evidence to show harm from the contested decision.
Legal Principle(s)
Paragraph 23, Section II, of General Assembly resolution 63/250 and Paragraph 50, Section VI, of General Assembly resolution 65/247 entitle successful candidates from national competitive examinations and staff from language services to be granted continuing appointments after two years of probationary service. They make no distinction between Professional level and General Service level staff. Staff Rule 4.14(b) applies to all appointments to posts requiring special language competence within the United Nations Secretariat, including appointments to posts at the General Service level. Staff Rule 4.16(b)(i) is applicable to all appointments to posts requiring special language competence within the United Nations Secretariat, including posts at the General Service level.