¹ú²úAV

UNAT recalled that an employment contract of a staff member subject to the internal laws of the Organisation is not the same as a contract between private parties and that the issuance of a letter of appointment by the Administration cannot be regarded as a mere formality. The issue before UNAT was whether the staff member, who had received an offer of employment, but not a letter of appointment, from the Organisation, should be regarded as a staff member and thus should have access to the internal justice system to contest the legality of the Administration’s withdrawal of the offer of employment. UNAT held that an offer of employment, though it does not constitute a valid employment contract, may produce legal effects if all the conditions set forth in the offer of employment were unconditionally accepted and fulfilled by the offeree in good faith. In such a situation the offeree should be regarded as a staff member for the limited purpose of seeking recourse within the internal justice system. UNAT overturned UNDT’s judgment and remanded the case to UNDT for examination of facts of the case in light of its holding.