ILO is a specialized agency of the United Nations
ILO-en-strap
Site Map | Contact français
> Home > Triblex: case-law database > By thesaurus keyword

Non-local status (345, 346,-666)

You searched for:
Keywords: Non-local status
Total judgments found: 31

1, 2 | next >

  • Judgment 3018


    111th Session, 2011
    Intergovernmental Organisation for International Carriage by Rail
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "[A repatriation] grant [...] is intended to assist internationally recruited staff members in the efforts required of them if they decide, at the end of their employment, to return to their country of origin with the intention of establishing themselves there."

    Keywords:

    decision; definition; non-local status; official; place of origin; purpose; repatriation allowance; separation from service;



  • Judgment 2690


    104th Session, 2008
    Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 10

    Extract:

    The Commission adopted a directive stipulating that staff members appointed to the Professional and higher categories and internationally recruited staff should not, except in certain limited exceptions, remain in service for more than seven years. "The Tribunal cannot accept the complainant's argument regarding the legality of the Directive on the ground that the Preparatory Commission has established, almost from the very beginning of its existence, the non-career character of its functions. Its very nature of being a 'preparatory commission' for the Comprehensive Nuclear-Test-Ban Treaty Organization makes it obvious that the decision thus adopted was in perfect coherence with its own mandate, which is not of a permanent nature."

    Keywords:

    administrative instruction; contract; decision; exception; fixed-term; limits; non-local status; non-renewal of contract; organisation's interest; professional category; security of tenure; terms of appointment;



  • Judgment 2667


    104th Session, 2008
    World Tourism Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "The complainant now claims that when she signed her initial contract the Organization did not inform her of the consequences of her declaration [concerning her residential address] or, in particular, of the differences between local and international status. But this assertion cannot be accepted. It was up to the complainant to ask the Organization about the implications of the main clauses of the offer she was invited to accept and about the consequences of her replies on points which were decisive for her future career and salary. Rapid perusal of the Staff Regulations and Rules would have revealed the implications of accepting the offer of local recruitment."

    Keywords:

    acceptance; consequence; contract; law of contract; local status; non-local status; offer; organisation's duties; staff member's duties; staff regulations and rules;



  • Judgment 2637


    103rd Session, 2007
    World Trade Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 22

    Extract:

    The complainant requests that the effective date of the administration's decision to grant her international status be changed to December 1991 instead of August 2005. "[I]t may be noted that, exceptionally, retroactive effect may be granted to a decision where the effect is favourable to a staff member (see Judgment 1130). In the present case, however, a grant of retroactivity would confer no benefit on the complainant either in relation to home leave or education grant. In the circumstances, the rule against retroactivity should be applied."

    Reference(s)

    ILOAT Judgment(s): 1130

    Keywords:

    allowance; amendment to the rules; claim; date; decision; education expenses; effect; enforcement; exception; general principle; home leave; non-local status; non-retroactivity; official; staff member's interest; withdrawal of decision;



  • Judgment 2389


    98th Session, 2005
    Universal Postal Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "Under [Staff] Rule [105.3], it is not sufficient for entitlement to home leave that internationally recruited staff members be serving in a country other than that of which they are nationals; they must also meet the required conditions. Thus, paragraph 2a of the Rule stipulates that a staff member shall be eligible for home leave provided that while performing his official duties he continues to reside in a country other than that of which he is a national. This condition is clearly not met in the case of a staff member who lived in his home country only during his early childhood and who, at the time of his appointment, had been residing for several decades, practically without a break, in the country where he performs his official duties."

    Reference(s)

    Organization rules reference: UPU Staff Rule 105.3

    Keywords:

    appointment; condition; difference; duty station; home leave; nationality; non-local status; official; provision; residence; right; staff member's duties; staff regulations and rules;



  • Judgment 2315


    96th Session, 2004
    Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 25

    Extract:

    The Commission adopted a directive stipulating that staff members appointed to the Professional and higher categories and internationally recruited staff should not, except in certain limited exceptions, remain in service for more than seven years. "A change in the nature of the discretion to be exercised in determining whether to grant future rights by the extension or renewal of a contract cannot be said to effect a change in an existing legal interest, much less in an existing legal right or existing legal status. Accordingly, the seven year policy embodied in [the] directive [...] is not retroactive even if the seven year period is computed from a time prior to the proclamation of that policy."

    Keywords:

    amendment to the rules; appointment; career; consequence; contract; date; decision; discretion; exception; extension of contract; general principle; limits; non-local status; official; organisation; period; professional category; publication; reckoning; right; staff member's interest; status of complainant; terms of appointment; written rule;

    Consideration 17

    Extract:

    The Commission adopted a directive stipulating that staff members appointed to the Professional and higher categories and internationally recruited staff should not, except in certain limited exceptions, remain in service for more than seven years. In accordance with this directive, the complainant's contract was not renewed. "Much of the complainant's argument is directed to the proposition that the Commission cannot secure services of the standard specified in [Staff] Regulation 4.2 if it cannot retain those services beyond seven years, particularly as it has to compete for staff with other international organisations. That proposition is not self-evidently correct. Nor is it established by pointing, as the complainant does in his submissions, to international organisations which have a similar policy and which, according to the complainant, have or may have had difficulties in recruiting and retaining suitable staff. Moreover, [...] exceptions [are allowed] in the case of a need to retain 'essential expertise or memory in the Secretariat' ensures that, to that extent, its staffing needs can be satisfied."

    Reference(s)

    Organization rules reference: CTBTO PrepCom's Staff Regulation 4.2

    Keywords:

    appointment; career; contract; enforcement; exception; general principle; lack of evidence; limits; non-local status; non-renewal of contract; official; organisation; professional category; qualifications; safeguard; staff regulations and rules; terms of appointment; written rule;

    Consideration 20

    Extract:

    The Commission adopted a directive stipulating that staff members appointed to the Professional and higher categories and internationally recruited staff should not, except in certain limited exceptions, remain in service for more than seven years. In accordance with this directive, the complainant's contract was not renewed. "Although the embodiment of the seven year policy in [the] directive may properly be viewed as the prescribing of a term or condition upon which fixed-term contracts may be granted, it does not itself operate as the imposition of that term or condition. To be effective, a term or condition of the kind now in question must be incorporated in the contract, even if only by reference: a reference to the Staff Regulations and Rules is not sufficient because they do not incorporate the [...] directive in question. By implementing the seven year policy in the way that he purported to do in the present case, the Executive Secretary was attempting to enforce a term or condition that was not incorporated in the contract between the complainant and the Preparatory Commission."

    Keywords:

    appointment; career; complainant; condition; contract; effect; enforcement; exception; executive head; fixed-term; general principle; limits; non-local status; non-renewal of contract; official; organisation; professional category; staff regulations and rules; terms of appointment; written rule;



  • Judgment 1666


    83rd Session, 1997
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6(c)

    Extract:

    It may not be inferred from Short-Term Rule 3.5 and from the extension of his appointment that the complainant was entitled to the retroactive grant of non-local status. "The effect of the Rule is to bestow retroactively on a short-term official benefits granted to the holder of a fixed-term appointment. If, like the complainant, he belongs to the professional category the place of recruitment will have no bearing on the terms of his appointment. So neither does it have any bearing on entitlements granted retroactively."

    Reference(s)

    Organization rules reference: ILO SHORT-TERM STAFF RULE 3.5

    Keywords:

    appointment; contract; duty station; local status; non-local status; professional category; short-term; staff regulations and rules; terms of appointment;



  • Judgment 1616


    82nd Session, 1997
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The provisions of the combined [Staff] Rules apply to international and local staff alike, and so any provision that applies to one category of staff and not to the other offends against those rules and is unlawful. Here the Director General had no authority to treat as a mere option the consultation of the Joint Board on Appeals from local staff: the combined [Staff] Rules apply to all staff and so does the duty those rules lay down. The rule under which the Director General exercised discretion was an unlawful one and he thereby committed a mistake of law."

    Keywords:

    advisory body; consultation; discretion; executive head; local status; non-local status; precedence of rules; staff regulations and rules;



  • Judgment 1539


    81st Session, 1996
    European Free Trade Association
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "Since the complainant was in Switzerland at the time of recruitment she was not locally recruited for employment at the Brussels Office. It is true that the Association was free to incorporate in the letters of appointment a clause saying that she was nevertheless deemed to have local status. [...] For want of a clause expressly prescribing local status the presumption is that the parties did not agree that she should have such status. The conclusion is that the contracts, read together with the Staff Regulations, set out all the terms and conditions of employment, which conferred non-local status on the complainant and gave the association no right or power to treat her as having any other. And even if there was doubt on that score it was the association, which was the source of all the relevant documents, that had the duty to resolve it."

    Keywords:

    complainant; contract; duty station; intention of parties; local status; non-local status; offer; organisation's duties; place of origin; staff regulations and rules; status of complainant; terms of appointment;

    Consideration 13

    Extract:

    "Inasmuch as the letters of appointment say nothing of 'local' or 'non-local' status, the Tribunal will treat the facts of the case as decisive. A contractual provision on status would be necessary only if the matter were uncertain or if the parties had agreed that she should have a status different to the status that the facts determine. Since such agreement would involve a waiver by the complainant of her rights of non-local status, it may not be presumed in the absence of clear evidence of such waiver."

    Keywords:

    appraisal of evidence; contract; evidence; intention of parties; local status; non-local status; place of origin; status of complainant; terms of appointment;

    Consideration 12

    Extract:

    "The material issue is not what the complainant believed her status to be. Whatever she may have believed is immaterial to the meaning and effect of her contract. Her contract implicitly gave her non-local status".

    Keywords:

    contract; local status; non-local status; status of complainant;



  • Judgment 1196


    73rd Session, 1992
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 19

    Extract:

    The complainants, who belong to the professional and higher categories of staff, contend that the repeal of a provision in the Staff Regulations which insure the stability of their conditions of pay discriminated in favour of local staff. "According to consistent precedent the distinction between international and local staff is a fundamental one inherent in the very nature of an international organisation. It is due to the peculiar circumstances in which such organisations work and it is concurred in, with both its advantages and its drawbacks, by anyone who seeks employment with them, be it in one category of staff or in the other. Each category of staff offers career prospects and conditions of recruitment and pay that differ according to its own requirements, and a staff member may not plead breach of equal treatment if treated differently because he belongs to one category rather than to the other."

    Keywords:

    appointment; career; case law; equal treatment; general service category; international civil service principles; local status; non-local status; professional category; salary;



  • Judgment 1189


    73rd Session, 1992
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    The complainant is objecting to the local status he was granted upon recruitment. The Tribunal observes that on his application form he himself stated that he had been living in Geneva, which was his duty station, for several years. In signing that form he stated that the information he had given was "true, complete and correct". The Tribunal concludes that since he had thus declared at the time of recruitment that he had been residing in Geneva for several years, "the complainant is now estopped from contending that he was wrongly given such status".

    Keywords:

    duty station; good faith; local status; non-local status; residence; staff member's duties;



  • Judgment 1108


    71st Session, 1991
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    After retiring from the Organization the complainant returned under a contract as a consultant. The letter of acceptance he signed indicated that he was being recruited locally. He argues that as a Swedish citizen whom the WHO contacted in Stockholm he was entitled to non-local status and the payment of a daily subsistence allowance. The Organization submits, rightly, that in putting his signature to the contract he accepted the terms of the offer.

    Keywords:

    acceptance; contract; daily subsistence allowance; external collaborator; local status; non-local status; terms of appointment;



  • Judgment 1006


    68th Session, 1990
    World Tourism Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    In 1988 the Secretary-General decided to reverse a decision which the then Secretary-General took in 1979 to grant the complainant non-local status. The reason for the reversal was that the original decision had not been warranted. The Tribunal holds that "even if that decision was based on facts that were wrong and even if there was misinterpretation of Regulation 16 [now Staff Rule 14.6 on how to determine an official's home], it was in any event too late by 1988 to reverse a decision that the organization had already abided by for almost nine years." The impugned decision is quashed.

    Reference(s)

    Organization rules reference: RULE 14.6 OF THE WTO STAFF REGULATIONS

    Keywords:

    flaw; local status; non-local status; time limit; withdrawal of decision;



  • Judgment 978


    66th Session, 1989
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    UNESCO Staff Rule 031.14 (B) (III) formerly provided that "the non-resident's allowance shall not be paid, or shall cease to be paid, to a staff member [...] whose husband is a national of the country of the duty station" inasmuch as the word "husband" prevents the rule from applying to staff members whose wives are in the same situation, the provision is discriminatory and the impugned decision, which was based on the discriminatory provision, must therefore be quashed.

    Reference(s)

    Organization rules reference: FORMER UNESCO STAFF RULE 103.14(B)(III)

    Keywords:

    amendment to the rules; equal treatment; flaw; local status; marital status; non-local status; non-resident allowance; provision; sex discrimination; staff regulations and rules;



  • Judgment 910


    64th Session, 1988
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "It is not reasonable for a former employee who had been absent for five months to assume that there had been no change in policy affecting the rights of employees during the period of her absence. If the prospect of on-local status was indeed an important factor in her applying for further employment it was incumbent upon her to find out whether the same practice applied as before. Had she done so she would have been told that it did not. Since she failed to do so she may not rely on the organization's failure to inform her of the change since there was no such duty on the organization."

    Keywords:

    amendment to the rules; duty to inform; local status; non-local status; organisation's duties; practice; terms of appointment;



  • Judgment 613


    53rd Session, 1984
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The complainant's present contract, converting the original, extended appointment, bears out his original status as a locally recruited member of the general service staff. At the time of signing he was aware of the Organization's position that he had local status. He made no objection until after the contract had come into force. "There is nothing in WHO Rules to oblige the Organization to grant non-local status to someone [...] merely because he is a citizen of a country other than that of the duty station or has been resident in the country of his nationality."

    Keywords:

    general service category; local status; nationality; non-local status; residence; terms of appointment;

    Summary

    Extract:

    The complainant, a citizen of the United States on a visit to Alexandria, was granted a short-term appointment. That appointment, on the basis of local recruitment, was extended several times. He was then given a fixed-term appointment on the basis of local recruitment. The Tribunal observes that this last contract converted the earlier ones; by signing the contract without making any objection, the complainant accepted his local-recruitment status. The request for non-local status is dismissed.

    Keywords:

    acceptance; appointment; contract; local status; non-local status; short-term; terms of appointment;



  • Judgment 506


    48th Session, 1982
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The [organization] refused the complainant non-local status, and she alleges unequal treatment on the grounds that others did obtain it. For the plea to succeed the complainant should have been in the same factual position as those she believes to have fared better." The solution, in this case, depends on a decisive date, about which there is doubt. The Tribunal "will give the complainant the benefit of the doubt" and conclude that she does qualify for non-local status.

    Keywords:

    equal treatment; local status; non-local status;

    Consideration 5

    Extract:

    The organization adopted a more flexible approach in the application of the new rule: "Those [officials] appointed before the Finance Committee made its recommendation, who before had been informed of the possibility of qualifying for non-local status, or might have been, were still able to obtain such status despite the wording of the rule. There was strict application only to those appointed after the recommendation. The distinction between those appointed before and those appointed after rested on the fact that the former, unlike the latter, had or might have had the expectation of qualifying for non-local status some day."

    Keywords:

    amendment to the rules; appointment; date; difference; enforcement; equal treatment; legitimate expectation; local status; non-local status; practice; promise; provision; staff regulations and rules;



  • Judgment 505


    48th Session, 1982
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    The new rule came into force on 1 February 1975. Short-term officials recruited before this date, who were not then considered as non-local officials, were all given local status. The organization then distinguished between those officials who had been given short-term appointments before the end of October 1974 and those whose appointment was made between then and 1 February 1975. The former were given non-local status on the established terms and the latter were treated as local officials. "The difference in treatment between the two groups was warranted by the difference in the facts."

    Keywords:

    amendment to the rules; appointment; date; equal treatment; local status; non-local status; provision; staff regulations and rules;

    Consideration 6

    Extract:

    The rule came into force on 1 February 1975, i.e. subsequent to the complainant's first short-term appointment. By refusing to grant the complainant non-local status, the Director-General based his decision on the fact that she did not benefit from such status on 1 February 1975, without taking account of what had happened before. "In other words, he did not apply the rule retroactively: he based his decision on the facts at the date when the rule came into force."

    Keywords:

    amendment to the rules; date; effective date; local status; non-local status; non-retroactivity; provision; staff regulations and rules;

    Consideration 7

    Extract:

    Up until the end of October 1974, short-term officials "had or may have had the expectation of qualifying some day [for non-local status]. It was therefore fair to take account of that expectation and grant them non-local status on the terms established under the practice." After that date, officers recruiting short-term staff "were told to discontinue the practice of mentioning the possibility of qualifying for non-local status [...] in other words, the old practice was abolished, the result being that those who were [recruited after that date] had no reason to expect non-local status and could not claim it by virtue of the principle of equality."

    Keywords:

    amendment to the rules; equal treatment; legitimate expectation; local status; non-local status; practice;



  • Judgment 485


    48th Session, 1982
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 1(A)

    Extract:

    At the time of her appointment the complainant was living outside Italy. She moved to that country to take up her duties in Rome, which, in her view, established the international character of her appointment. The organization submits that the words "internationally recruited" apply to general service category staff with non-local status, as defined by the material provision. "If these words stood by themselves the complainant's argument might well be preferred [...] but they must be interpreted in their context in the Staff Rules." Under the applicable rules, the position of the organization is warranted.

    Keywords:

    enforcement; local status; non-local status; provision; residence; staff regulations and rules;

    Consideration 2(A), (B) and (C)

    Extract:

    Staff members who enjoyed the benefits of non-local status included a) some who had special skills or were assigned specialised work; b) others who, unlike the complainant, were invited to join the organization and had not volunteered their services and c) persons resident abroad to whom the organization had sent employment offers. The refusal to reimburse the complainant is not a breach of the principle of equality.

    Keywords:

    appointment; equal treatment; non-local status; terms of appointment;

    Consideration 3

    Extract:

    "The Director-General kept within the bounds of his authority in adopting the policy [...] embodied in Staff Rule 302.40631." That provision, which confers local status on all general service staff recruited from 1 February 1975, must be read in conjunction with other provisions providing for the grant of special benefits to such staff as required in order to recruit them. "Thus the Staff Rules make a distinction between groups of general service category members. The desirability of the distinction may be open to question, but it is enough to defeat any allegation of inequality."

    Reference(s)

    Organization rules reference: ARTICLE 302.40631 FAO STAFF RULES AND REGULATIONS

    Keywords:

    appointment; equal treatment; general service category; local status; non-local status; terms of appointment;



  • Judgment 484


    48th Session, 1982
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 3

    Extract:

    Vide Judgment 485, consideration 3.

    Reference(s)

    Organization rules reference: ARTICLE 302.524 OF THE FAO STAFF RULES AND REGULATIONS
    ILOAT Judgment(s): 485

    Keywords:

    appointment; equal treatment; general service category; local status; non-local status; terms of appointment;

    Considerations 2(A), (B) and (C)

    Extract:

    Vide Judgment 485, consideration 2(a), (b) and (c).

    Reference(s)

    ILOAT Judgment(s): 485

    Keywords:

    appointment; equal treatment; non-local status; terms of appointment;

    Consideration 1(A)

    Extract:

    Vide Judgment 485, consideration 1(a).

    Reference(s)

    ILOAT Judgment(s): 485

    Keywords:

    enforcement; local status; non-local status; provision; residence; staff regulations and rules;

1, 2 | next >


 
Last updated: 28.09.2020 ^ top