51�Թ�

The Tribunal, referring to O’Hanlon, (which was not before the UNDT), stated that, “This Tribunal interpreted the Inter-Organisation Agreement Concerning Transfer, Secondment or Loan of Staff Among the Organisations Applying the United Nations Common System of Salaries and Allowances to require that service in the releasing Organisation will be counted as service in the receiving Organisation. The Inter-Organisation Agreement interpreted that O’Hanlon was remarkably similar to Article 5. 1 of the IAMA, which pertains to service credits for staff who transfer under the IAMA. Under the rationale...

The IAMA requires the receiving organization to recognize a staff member’s service in the releasing organization for “credit” purposes. However, it does not require it to consider that the performance of the contract in the releasing organization was undertaken in a setting other than in its original one. It cannot be considered that the Applicant’s contract was, prior to joining the United Nations, either under the control of the Secretary-General of the United Nations or that the Applicant had to previously answer to the United Nations staff rules. Therefore, the Applicant does not meet the...