91鶹

UNDT/2012/056, Fagundes

UNAT Held or UNDT Pronouncements

The main legal issues in this case are whether the Applicant and the Organization had entered into a contract and whether the Applicant is entitled to access to the system of justice of the United Nations. The Tribunal found that no binding contract of employment was concluded by the Applicant and the Organization. The Applicant was not a staff member at the time the decision was made not to select her for the vacancy and the Tribunal does not have jurisdiction over this case. Outcome: The application was rejected.

Decision Contested or Judgment Appealed

The Applicant appealed against a decision by the Organization not to appoint her to a position for which she was initially identified as the preferred candidate but not formally appointed. The main legal issues in this case are whether the Applicant and the Organization had entered into a contract and whether the Applicant is entitled to access to the system of justice of the United Nations. The Tribunal found that no binding contract of employment was concluded by the Applicant and the Organization. The Applicant was not a staff member at the time the decision was made not to select her for the vacancy and the Tribunal does not have jurisdiction over this case.

Legal Principle(s)

Contract, definition of: Generally, a contract is an agreement giving rise to obligations which are enforced or recognised by law.Contract of employment: A contract of employment is generally formed upon unconditional acceptance of an offer containing the essential terms of the agreement. An agreement is not a binding contract if it lacks certainty, either because it is too vague or because it is obviously incomplete. Whether a binding contract has been concluded is established by making an objective assessment of what the parties said and did at the time of the transaction. What the parties later say they intended to do is secondary to the evidence of their contemporaneous acts.Offer: An offer is an expression of willingness to enter into a contract on specified terms, made with the intention that it is to become binding as soon as it is accepted by the person to whom it is addressed.Acceptance: An acceptance is a final and unqualified expression of assent to the terms of an offer. Letter of appointment: Under staff regulation 4.1, upon appointment each staff member shall receive a letter of appointment in accordance with the provisions of Annex II to the Staff Regulations (Letters of appointment). But this does not mean that the only document capable of creating legally binding obligations between the Organisation and its staff has to be called a “letter of appointment”. What matters is the substance.Essential contractual terms: Pursuant to former staff rule 104.1, a letter of appointment contains “all the terms and conditions of employment”. Annex II to the Staff Regulations provides a list of terms that shall be included in a standard letter of appointment. They include, inter alia, the nature and the period of employment, the category and the level of the appointment, and details concerning salary and other conditions of employment (see Annex II to ST/SGB/2006/1). Not all terms and conditions specified in Annex II are necessarily essential components of a binding contract, but at the very least a contract of employment should include, as standard essential terms, the date of commencement of work, its duration, and remuneration for the work performed.

Outcome
Dismissed on merits

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/ Appellants
Fagundes
Tribunal
Registry Location :
Date of Judgment
Judge(s)
Language of Judgment
Issuance Type
Document Topic/Theme :