The Terms and Conditions of Employment of International Civil Servants: Implied Terms Recognized by the Asian Development Bank Administrative Tribunal

Abstract

This chapter examines the ‘terms and conditions of employment’ applicable under the law of the international civil service, with a focus on ‘implied terms’ of employment arising in the context of the case law of the Administrative Tribunal of the Asian Development Bank (adbat). Why is this important? Clearly, as a matter of good governance and good order, an employee ought to have an understanding and appreciation of the respective duties and obligations applicable to the employment relationship between the individual and the employer organization, and by the same token, the employer should have an understanding of the standards against which its actions will be assessed. It is also important because it crystalizes the basis upon which the jurisdiction of an international organization’s administrative tribunal can be invoked. International administrative tribunals are creatures of limited jurisdiction, and they are generally confined to hearing and adjudicating disputes alleging a breach of the ‘terms and conditions of appointment’. This argument is therefore developed through an examination of the jurisprudence surrounding the terms and conditions of employment of international civil servants, and in particular by analyzing the expansive approach to identifying the terms of appointment adopted by the adbat. * Damien J. Eastman, Assistant General Counsel, Asian Development Bank (ADB), deastman@ adb.org. The author wishes to thank Ms Melissa Su Thomas, Senior Counsel, ADB, for her assistance in preparing this chapter. The views expressed in this publication are those of the author and do not necessarily reflect the views and policies of ADB or its Board of Governors or the governments they represent. ADB does not guarantee the accuracy of the data included in this publication and accepts no responsibility for any consequence of their use. The mention of specific companies or products of manufacturers does not imply that they are endorsed or recommended by ADB in preference to others of a similar nature that are not mentioned. By making any designation of or reference to a particular territory or geographic area, or by using the term ‘country’ in this document, ADB does not intend to make any judgments as to the legal or other status of any territory or area. Damien J. Eastman 9789004441033 Downloaded from Brill.com11/14/2020 02:53:14AM via free access