Judgment No. 703
Decision
1. THE FAO SHALL PAY THE COMPLAINANT US$2,000 AS DAMAGES AND $2,000 AS COSTS. 2. HER OTHER CLAIMS ARE DISMISSED.
Consideration 2
Extract:
"The purpose of secondment is exchange of staff between organisations, and it is governed by an inter-organization agreement concerning transfer, secondment or loan of staff among the organizations applying the United Nations common system of salaries and allowances."
Keywords
inter-agency agreement; secondment; definition
Consideration 2
Extract:
According to the inter-organization agreement on secondment, "while retaining his rights in the 'releasing' organisation, the staff member shall be subject to the Staff Regulations and Rules of the 'receiving' organisation."
Keywords
applicable law; inter-agency agreement; staff regulations and rules; secondment
Consideration 4
Extract:
"Though a seconded official holds a fixed-term appointment his position is out of the ordinary. He cannot expect his contract to last more than two years unless the organisations decide differently. But on leaving the receiving organisation he goes back to the releasing one [...] It is therefore only reasonable that either organisation should have the right to end the secondment if it so wishes on the expiry of the prescribed period without having to explain its decision."
Keywords
duty to substantiate decision; organisation's duties; secondment; contract; reinstatement; fixed-term; non-renewal of contract; discretion; consequence
Consideration 7
Extract:
"The alleged promises were not in writing, the FAO denies they were ever made and it is not proved that they were. Besides, to be enforceable, they would have had to be agreed to by both organisations".
Keywords
secondment; contract; extension of contract; fixed-term; promise; non-renewal of contract; condition
Consideration 9
Extract:
"The holder of a fixed-term appointment is entitled to know the date of separation early enough to enable him to arrange things."
Keywords
time limit; reasonable time; organisation's duties; secondment; contract; fixed-term; non-renewal of contract; notice
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