Judgment No. 485
Decision
THE COMPLAINT IS DISMISSED.
Consideration 3
Extract:
"The Director-General kept within the bounds of his authority in adopting the policy [...] embodied in Staff Rule 302.40631." That provision, which confers local status on all general service staff recruited from 1 February 1975, must be read in conjunction with other provisions providing for the grant of special benefits to such staff as required in order to recruit them. "Thus the Staff Rules make a distinction between groups of general service category members. The desirability of the distinction may be open to question, but it is enough to defeat any allegation of inequality."
Reference(s)
Organization rules reference: ARTICLE 302.40631 FAO STAFF RULES AND REGULATIONS
Keywords
equal treatment; terms of appointment; general service category; appointment; local status; non-local status
Consideration 1(B)
Extract:
The rules provide for the reimbursement of travel expenses of officials when, in the view of the director of personnel, such payment is required to recruit them. The Director of personnel cannot exercise this discretion as he pleases. He must "consider in each case whether or not payment was required in order to recruit, and the exercise of his discretion is subject to review by an administrative as well as by a judicial body."
Keywords
appointment; travel expenses; refund; discretion; limits
Consideration 1(A)
Extract:
At the time of her appointment the complainant was living outside Italy. She moved to that country to take up her duties in Rome, which, in her view, established the international character of her appointment. The organization submits that the words "internationally recruited" apply to general service category staff with non-local status, as defined by the material provision. "If these words stood by themselves the complainant's argument might well be preferred [...] but they must be interpreted in their context in the Staff Rules." Under the applicable rules, the position of the organization is warranted.
Keywords
staff regulations and rules; enforcement; provision; local status; non-local status; residence
Consideration 1(B)
Extract:
The complainant, who was living in London, sent in an application for employment to FAO headquarters in Rome, and went there at her own expense. "[Thus] not only did the complainant offer her services, but she took the tests of her own accord [and did not] make repayment of any of her expenses a condition of her acceptance of appointment. Thus it cannot be said that the payment she is now claiming was required in order to recruit her."
Keywords
terms of appointment; appointment; travel expenses; refund
Consideration 2(A), (B) and (C)
Extract:
Staff members who enjoyed the benefits of non-local status included a) some who had special skills or were assigned specialised work; b) others who, unlike the complainant, were invited to join the organization and had not volunteered their services and c) persons resident abroad to whom the organization had sent employment offers. The refusal to reimburse the complainant is not a breach of the principle of equality.
Keywords
equal treatment; terms of appointment; appointment; non-local status
Consideration 2
Extract:
"Although the complainant was treated differently, the facts of her case were different, and there was therefore no breach of the principle of equality."
Keywords
general principle; equal treatment; terms of appointment
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