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

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Keywords: Non-local status
Total judgments found: 31

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  • Judgment 483


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

    Considerations 3(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 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

    Summary

    Extract:

    The complainants claim benefits dependent on their having non-local status. WHO Staff Rule 280.7 sets a retroactive time limit of one year for such claims. The complainants knew what they were doing at the time of recruitment when they signed a modified appointment form in order to obtain their employment. The organization may have acted reprehensibly, but its conduct amounts neither to concealment nor to bad faith: the organization may therefore rely on the material provision.

    Reference(s)

    Organization rules reference: WHO STAFF RULE 280.7
    ILOAT Judgment(s): 272

    Keywords:

    allowance; consequence; good faith; non-local status; non-retroactivity; organisation; receivability of the complaint; refund; time limit;

    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:

    "Non-local or international status carries with it certain benefits appropriate to the fact that the member has left his own country to live, presumably temporarily, in another. Such benefits are non-resident's allowance, education grants, home leave and travel allowances, etc."

    Keywords:

    allowance; non-local status;

    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 7

    Extract:

    The complainant is entitled to have it declared that she was at the time of her appointment resident at Lima. "But the Tribunal will not decide that she was entitled to 'attendant benefits' [...] This is a question which may be answered differently in the case of different benefits under different rules; the answer may be dependent also upon the relevant facts and circumstances at the time when the benefit becomes due. If and when an allegation is made that any particular benefit has been wrongfully withheld, the Tribunal will decide it upon the facts then presented.

    Reference(s)

    Organization rules reference: WHO STAFF RULE 360

    Keywords:

    appointment; case sent back to organisation; consequence; non-local status; residence;

    Consideration 2

    Extract:

    The complainant invites the Tribunal to rule that she was "internationally recruited" and therefore subject to the benefits provided for by the applicable provisions. The term does not appear in any of the provisions cited; no definition of the term is to be found in the dossier. "The Tribunal takes it to mean that staff whose nationality and/or residence at the time of recruitment was not that of the country in which the duty station for which they were recruited is situated."

    Keywords:

    appointment; definition; duty station; nationality; no provision; non-local status; residence;

    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;

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