¹ú²úAV

UNAT considered the Secretary-General’s appeal, specifically whether General Assembly resolutions 63/250 and 65/247 apply to staff in the General Service category, and whether Staff Rules 4.14(b) and 4.16(b) apply to staff at the General Service level. With respect to the first issue, UNAT found no error in UNDT’s reasoning that Paragraph 23 of section II of General Assembly resolution 63/250 and Paragraph 50 of section VI of General Assembly resolution 65/247 include two categories of staff members in the United Nations Secretariat who have the right to be granted a continuing appointment after two years of probationary service: (a) successful candidates from national competitive recruitment examinations; and (b) staff from language services, and that it is clear that the will of the General Assembly as a legislator was for these provisions, which refer to the staff regulations and rules, to apply to all successful external candidates from the national competitive examinations and to all staff members from language services in the United Nations Secretariat. With respect to the second issue, UNAT also agreed with UNDT’s finding that Staff Rule 4.14(b) applies to all appointments to posts requiring special language competence within the United Nations Secretariat, including appointments to posts at the General Service level, such as Ms Benser’s post, and that Staff Rule 4.16(b)(i) is applicable to all appointments to posts at P-1 and P-2 level that are subject to the system of desirable ranges at the United Nations Secretariat and to all appointments to posts requiring special language competence within the United Nations Secretariat, including posts at the General Service level. UNAT held that the Secretary-General failed to demonstrate any error of law by UNDT and that the appeal must accordingly fail. UNAT dismissed the appeal in its entirety and affirmed UNDT’s judgment.