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UNAT was persuaded for reasons of equity and good faith by the Appellant’s arguments rather than those put forward by the Secretary-General, although it did not accept the entirety of the Appellant’s arguments on the discontinuation issue. UNAT held that in failing to give due consideration to the arguments raised by the Appellant regarding the years 1989 to 1997, UNDT erred in law in retroactively applying former Staff Rule 104. 3 set forth in ST/SGB/2003/1 to the entirety of his service. UNAT held that the Appellant was entitled to rely on the statutory provisions in force when he last...

UNAT considered an appeal by the Secretary-General. UNAT held that resignation results in a break in service, which may, in turn, disqualify a staff member for consideration for a permanent appointment. UNAT held that if a staff member took issue with the requirement for a break in service, he or she should have challenged it at the time by requesting management evaluation. UNAT held that Mr Hajdari never challenged his separation from service from UNMIK or, at any time after his arrival in New York, made any request to human resources to be reinstated at the time. UNAT held that Mr Hajdari’s...

UNAT considered an appeal by the Secretary-General. UNAT held that UNDT exceeded its competence in reviewing Mr Omwanda’s EOD date, as it was not subject to a timely request for management evaluation. UNAT held that Mr Omwanda knew or ought to have known from his Letter of Appointment the date from which his appointment was effective, that he had been re-employed, not reinstated, and that its terms applied regardless of any period of former service. UNAT held UNDT was statutorily barred from hearing Mr Omwanda’s application. UNAT upheld the appeal and vacated the UNDT judgment.

Outcome: The application was rejected. The UNDT found that the Applicant failed to establish a factual basis for her alleged expectation that her contract would be renewed, that she would be given a regularized position, or that she would be placed on special leave without pay at the expiry of her contract. The UNDT therefore found that the decision not to renew the Applicant’s temporary appointment was not unlawful.

She alleged that the Administration advised her wrongly to resign from her 100-series fixed-term appointment (FTA) with UNDP, Kosovo, in 2007, when she was offered a FTA with UNV, Bonn, and argued that her resignation cannot be taken into account when assessing her eligibility for consideration for conversion, namely the requirement of 5-year continuous service. Following requests for additional information, the Tribunal found that the Administration put the Applicant into an illegal situation when she was first offered a 300-series appointment of limited duration with UNV, Bonn, while she...