A/RES/65/248

The Tribunal finds, inter alia, that no international labour standards or the United Nation’s Charter were breached in the process of the implementation of the General Assembly resolution on the Harmonization of Conditions of Service for Internationally-Recruited Staff in Peacekeeping Operations and Special Political Missions. The Application is dismissed in its entirety Contract of employment - Article 2.1(a) of the Tribunal’s Statute defines the contract of employment, as including: all pertinent regulations and rules and all relevant administrative issuances in force at the time of alleged...

What the Applicant is seeking to challenge is the Secretary-General’s implementation of General Assembly resolution 65/248, which led to the discontinuation of payment of the MSA. The new conditions of service that discontinues the application of the temporary assignment to a non-family duty station as of 1 October 2011, is not an emanation of the Secretary General’s discretion. This General Assembly decision was binding on the Secretary-General, and its implementation affected staff across the Organization. This matter is materially outside the Tribunal’s jurisdiction.

What the Applicant is seeking to challenge is the Secretary-General’s implementation of General Assembly resolution 65/248, which led to the discontinuation of payment of the MSA. The new conditions of service that discontinues the application of the temporary assignment to a non-family duty station as of 1 October 2011, is not an emanation of the Secretary General’s discretion. This General Assembly decision was binding on the Secretary-General, and its implementation affected staff across the Organization. This matter is materially outside the Tribunal’s jurisdiction.

What the Applicant is seeking to challenge is the Secretary-General’s implementation of General Assembly resolution 65/248, which led to the discontinuation of payment of the MSA. The new conditions of service that discontinues the application of the temporary assignment to a non-family duty station as of 1 October 2011, is not an emanation of the Secretary General’s discretion. This General Assembly decision was binding on the Secretary-General, and its implementation affected staff across the Organization. This matter is materially outside the Tribunal’s jurisdiction.