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 664
56th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
Over the previous three years, the complainant resided continuously in the country where she was to serve. The continuity of her stay was not broken by a two month stay for the purpose of convalescence in another country. The fact that she had to register in the municipality where she was convalescing does not indicate that she intended to interrupt her residence in the country of the organisation's headquarters. It was therefore proper for her to have been recruited on a local basis.
Keywords:
local status; residence;
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 486
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 4 and 8
Extract:
The complainant was promoted from GS to P. This change was not an appointment. Under the stated policy of the organization such a promotion justified a review of the place of residence. But such a statement of practice "must not conflict with the rule which it is elaborating". The applicable provision stipulates that the place determined at the time of appointment should be recognised throughout the service. "This forbids the change of residence which the complainant is asking the Tribunal to order."
Keywords:
amendment to the rules; contract; enforcement; general service category; local status; practice; professional category; promotion; provision; residence; staff regulations and rules;
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 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;
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;
Judgment 483
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2(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;
Judgment 452
46th Session, 1981
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"In the exercise of the option [whether or not to grant non-local status] the organization is free to have regard to all relevant considerations, general or particular. It is not required to follow a general policy if particular circumstances justify a distinction; it may discriminate so long as the discrimination is not arbitrary."
Keywords:
equal treatment; local status; non-local status; organisation's duties;
Consideration 4
Extract:
The organization's Governing Council decided to consider all general service officials, recruited after a certain date, as local staff and the Tribunal accepts that reinstatement is not the same as recruitment. But the fact that the Director-General could, consistent with the Council's declaration, have continued to reinstate non-local staff does not mean that he is required to do so. He is free to act as he wishes and the Tribunal cannot interfere.
Keywords:
appointment; condition; difference; discretion; general service category; local status; non-local status; reinstatement;
Judgment 328
39th Session, 1977
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The facts as stated are consistent with the possibility that the complainants knew what they were doing and signed the [recruitment] form because they believed, probably correctly, that unless they did so they would not get the appointments they wanted. If this is so, it might be reprehensible conduct by the organization but it would not amount to concealment or to bad faith towards the complainants."
Keywords:
acceptance; complainant; good faith; local status; organisation; terms of appointment;
Consideration 3
Extract:
"If it can be established that the conduct of the organization was such as to conceal from the complainants in bad faith that they had the claims which they were now putting forward, then the organization could not in the opinion of the Tribunal rely upon the rule [which disallows requests for benefits more than twelve months from the date at which the initial payment would have been due]."
Keywords:
allowance; consequence; good faith; local status; non-local status; non-retroactivity; organisation; receivability of the complaint; refund; request by a party;
Judgment 319
39th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The rules exclude from the material benefits two categories of officials. The first consists of those who adopt the nationality of the duty station, who may be regarded as having broken their links with their country of origin. Having changed their way of living, they are no longer in need of the special benefits. The other category is made up of local officials who give up the nationality of the duty station. They do not thereby change their way of living and so are not qualified for benefits framed for those who are moving from one country to another.
Keywords:
amendment to the rules; consequence; local status; nationality; non-local status; status of complainant;
Consideration 3
Extract:
FAO Manual Section 311.112 provides for the possibility of a staff member's status at the time of recruitment to be modified at a later stage. In context this "is an introductory provision or recital to be distinguished from an operative rule; it is informative and not normative. This is shown also by its language. It neither itself requires anything to be done nor confers a power of command on any person. It is merely pointing out [...] that a change of status may be caused by a number of factors [...]."
Reference(s)
Organization rules reference: PARAGRAPH 311.112 FAO MANUAL
Keywords:
amendment to the rules; condition; criteria; local status; non-local status; provision; staff regulations and rules; status of complainant;
Summary
Extract:
When she was recruited, the complainant had local status. She later married, acquired a new nationality by naturalisation and lost her original nationality. The Tribunal holds that her status is dependent on her nationality at the time of appointment. According to the relevant provisions, a change of nationality does not in itself entail a change in status. The complainant is not entitled to the benefits provided for officials who leave their own country to live in another. The complaint is dismissed.
Keywords:
amendment to the rules; appointment; consequence; local status; marital status; nationality; non-local status;
Consideration 3
Extract:
The text cited "is merely pointing out [...] that a change of status may be caused by a number of factors which it specifies and of which a change of nationality is one. It does not mean that every rule dealing with a change of nationality has to be interpreted, even if contrary to its express words, to effect a change of status."
Keywords:
amendment to the rules; consequence; local status; nationality; non-local status; status of complainant;
Judgment 272
36th Session, 1976
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"Since the cases of the interveners are to be remitted to the Director-General because of the insufficiency of the evidence that is supplied with them the Tribunal can award no costs in respect of them."
Keywords:
case sent back to organisation; costs; elements; intervention; lack of evidence; local status; no award of costs; non-local status;
Judgment 244
33rd Session, 1974
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 2-3
Extract:
The complainant, of Tunisian nationality, held fixed-term contracts, followed by a contract of indeterminate duration. Under the terms of these contracts he was "locally recruited". In application of the relevant provisions, "he was deemed to be a locally recruited official and his home was therefore his duty station, namely Geneva, as the Director-General held in the impugned decision."
Keywords:
contract; duty station; general service category; home; local status; non-local status; residence; successive contracts; terms of appointment;
Consideration 4
Extract:
"[T]he complainant did not object to the terms of [his appointments, which gave him local status,] at any time before or during their period of validity. It was only after the appointments had expired that he maintained that Geneva could not lawfully be stated to be his home. It was therefore no longer open to him to contest the terms of appointment, which had become final."
Keywords:
contract; decision; local status; non-local status; receivability of the complaint; residence; terms of appointment; time bar;
Judgment 168
25th Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant lost her non-local status, which was linked to nationality, through marriage. In contesting the validity of the newly applied rule, she alleges "sex discrimination, category discrimination [and] lack of agreement with the staff council [...] The Tribunal holds that, even if the allegation was well founded in fact, it would not affect the validity of [the rule] inasmuch as the Director-General by making the rule would not be exceeding the powers conferred upon him under [...] the general rules of the organization."
Keywords:
amendment to the rules; equal treatment; local status; marital status; nationality; non-local status; provision; sex discrimination; staff regulations and rules;
Consideration 3
Extract:
The complainant contends that the provision depriving her of non-local status as a result of marriage is not applicable since she had acquired a right to non-resident status under her initial contracts. The Tribunal will not rule on the acquired right. Even if she had had that right, it did not outlive "the contracts themselves, the latest of which expired before her marriage."
Keywords:
acquired right; amendment to the rules; contract; enforcement; local status; non-local status; provision; staff regulations and rules;
Judgment 167
25th Session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
Vide Judgment 168, consideration 2.
Reference(s)
ILOAT Judgment(s): 168
Keywords:
amendment to the rules; equal treatment; local status; marital status; nationality; non-local status; provision; sex discrimination; staff regulations and rules;
Consideration 3
Extract:
Vide Judgment 168, consideration 3.
Reference(s)
ILOAT Judgment(s): 168
Keywords:
acquired right; amendment to the rules; contract; enforcement; local status; non-local status; provision; staff regulations and rules;
Judgment 113
18th Session, 1967
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant did not come to the country with the specific aim of seeking employment with the organisation; once there, she sought work and was engaged for short periods. She may in no way be regarded as having come for the purpose of serving in the organisation and may not claim the benefits accruing from non-local status. "[T]he case comes under the general principle that recruitment in the country of the duty station normally results in local status, and there are no abnormal factors requiring the Director-General to decide otherwise."
Keywords:
appointment; duty station; local status; non-local status; residence;
Judgment 48
8th Session, 1960
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant has refugee status. The fact that she was in the country of the organization's headquarters "was due neither to a legal barrier to her emigration nor to any physical impossibility of securing admission to another country. Therefore, even if the notion of residence involves fulfillment of the two conditions of physical presence and intention to reside", the complainant was rightly deemed to have been resident in the country and was rightly classified as a locally recruited official.
Keywords:
local status; non-local status; refugee; residence; status of complainant;
Judgment 47
8th Session, 1960
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"While the Tribunal remains competent to review any decision of the Director-General taken in accordance with [the applicable provisions], insofar as it may be tainted [...], the Tribunal shall not substitute its own opinion for that of the Director-General." At issue is the determination of the complainant's nationality for the purpose of defining her status.
Keywords:
competence of tribunal; discretion; judicial review; local status; nationality; non-local status;
Judgment .1
Sessions of the Administrative Tribunal of the League of Nations, 1946
League of Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
local status;
