Judgment No. 319
Decision
THE COMPLAINT IS DISMISSED.
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 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
status of complainant; nationality; amendment to the rules; local status; non-local status; consequence
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
status of complainant; nationality; amendment to the rules; local status; non-local status; consequence
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
status of complainant; staff regulations and rules; amendment to the rules; provision; local status; non-local status; condition; criteria
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
marital status; nationality; amendment to the rules; appointment; local status; non-local status; consequence
| 
