|
UN contractors’ rights
16 February 2010
Hallo,
I am looking for some assistance in interpreting a UN policy
that I believe is being unfairly interpreted and applied to my
situation. I have been a consultant with one department in the
UN for the last 6 years, and worked as a partner with the UN for
more than a decade.
My last
contract with the UN legally ended a couple of months ago. I
applied for a professional job in November of 2009. I was asked
for an interview a couple of weeks ago.
Since that
time, I have been told that my name has been pulled form the
process because they contend that I am in breach of being inside
the 6 months period contractors have to wait until they can
apply for a position.
I am very wary of going anywhere official with this as, in not
being a staff person, I basically have no rights. If it was
found out that I was taking any action, I would be frozen out of
the system.
Is it
ethical/legal for a program officer to actively hold up a
contract, whether it be done maliciously or just due to
incompetence?
Lastly, I
have a more subjective question
that relates
to moving forward, but if I were to bring up the ethics issues,
without the protection of being a staff member, would I have a
chance of winning, and/or would I be forever exorcised from the
Organization?
Edward Patrick
Flaherty replies:
Hi,
I have not seen the text of the rule that was
quoted to you (that a consultant has to wait 6 months after the
end of his or her last contract before applying for a job), but
it would seem to make more sense that the break relates to
actual working time, rather than waiting to apply (that you
cannot start another UN job until 6 months after the end of your
last contract).
In any event, as
"non-staff personnel", as you correctly pointed out, you have no
legal means of recourse against the UN and its decision other
than pursuing the matter informally, or perhaps asking the
Ombudsman's Office to intervene (if they will?). Whether that
will forever "blackball" you from the Organisation is always a
possibility when all means of legal recourse for someone such as
yourself are taken away.
Whether the act of the program officer in
holding up the contract is ethical or not depends on the rule
they are allegedly enforcing--if it truly says that you cannot
APPLY for another job during the 6 months after the end of your
last contract, then enforcing an actual rule is not unethical (althought
the rule itself would seem to be somewhat foolish).
If however, the rule
is that you cannot start a UN position within 6 months of the
end of a contract, preventing you from applying or removing your
application would seem to be unethical if you are not violating
the written rule by not taking up your post within the 6 month
period after the end of your last contract.
Good luck.
Letters published
on UNJustice represent the opinions of contributors and
community members and should not be necessary interpreted as
endorsed by UNJustice. |
