��DT/2010/098

��AT Held or ��DT Pronouncements

According to the available record, the applicant never received a letter of appointment and no such letter was ever signed by an authorized official. He did not, therefore, become a staff member of the United Nations within the meaning of article 3, paragraph 1, of the ��DT Statute. It follows that the applicant has no access to the system of administration of justice in its present state. It is noted that the General Assembly has requested the Secretary-General to investigate the option of granting access to non-staff personnel. Outcome: the application was rejected.

Decision Contested or Judgment/Order Appealed

The applicant received an offer of appointment, which he accepted in writing. The applicant fell ill and the offer of appointment was withdrawn, before a letter of appointment was issued.

Legal Principle(s)

��AT held in judgment No. 2010-��AT-029, El-Khatib, that the contract whereby the Organization recruits a staff member, which would be governed by the staff rules, is not a common-law contract. According to that judgment, the contract can only be concluded validly on the date a duly authorized official of the Organization signs the staff member��s letter of appointment.Following the legal pronouncements of its court of appeal, ��DT noted that ��in view of the special relationship between the United Nations and its civil servants, the legal principles that may be applicable to a contract between private parties are not relevant to assess if a valid contract of employment has been concluded between the Organization and a civil servant. It further results from that special relationship that a person cannot obtain the status of a staff member of the United Nations before his letter of appointment is signed by a duly authorized official of the Organization.��

Outcome

Dismissed as not receivable

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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.

Applicants/Appellants

Gabaldon

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Case Number(s)

Tribunal

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Date of Judgement