2012-UNAT-276

2012-UNAT-276, Valimaki-Erk

UNAT Held or UNDT Pronouncements

UNAT considered an appeal by the Secretary-General. UNAT held that although the Secretary-General has discretion in the appointment of staff, he has no discretion to impose unwritten regulations and rules that are prejudicial to staff members. UNAT dismissed the appeal and affirmed the UNDT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision that she must either apply for the Australian citizenship or renounce her Australian permanent resident status as a condition for a two-year appointment for the post of Procurement Officer. UNDT concluded that such requirement lacked a legal basis since there was no regulation in the Staff Regulations and Rules nor provision in any of the General Assembly resolutions that required staff members to renounce their permanent resident status in a country that is not their country of nationality before he or she could enter service with the Organisation at the professional or higher level.

Legal Principle(s)

The Organisation’s policy to require an individual to renounce permanent residency in a country outside his or her country of nationality before he or she could take up an appointment with the Organisation has no legal basis and is unlawful.

Outcome

Appeal dismissed on merits

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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.

Full Judgment

Applicants/Appellants

Valimaki-Erk

Entity

Case Number(s)

Tribunal

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