Ģ��ƵDT/2010/100

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Since he remained a WFP staff member and pursuant to the above-mentioned Inter-Organization Agreement, the applicant never had a contractual relationship with Ģ��ƵAMID. Only WFP was in a position to render decisions that could affect his terms of appointment. Two decisions were at stake. With respect to the first (WFP decision not to treat him as a D-1), his case could not be heard before Ģ��ƵDT because WFP has recognised ILOAT as judicial review body. Concerning the second (Ģ��ƵAMID decision not to appoint him as Deputy Director), the applicant is not a ��staff member�� within the meaning of art. 3 Ģ��ƵDT Statute. This provision gives access to Ģ��ƵDT only to staff members of those entities of the Ģ��Ƶ common system that have recognized Ģ��ƵDT as judicial review body. With respect to the Ģ��ƵAMID selection procedure, the applicant had to be considered as an external candidate. Outcome: The application was rejected.

Decision Contested or Judgment/Order Appealed

The applicant, a P-5 staff member of WFP, was loaned under a reimbursable loan agreement to Ģ��ƵAMID, where he worked as a Principal Officer on a post he considered to be at the D-1 level. Later on, he was also selected by Ģ��ƵAMID for a Deputy Director post at the D-1 level, but he never received a letter of appointment from Ģ��ƵAMID. Having unsuccessfully tried to clarify his contractual situation, he requested a management evaluation, which upheld the decision not to appoint him as Deputy Director at the D-1 level.

Legal Principle(s)

N/A

Outcome

Dismissed as not receivable

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Iskandar

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement