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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...

As a preliminary matter, UNAT declined the Appellants’ request for an oral hearing based on the length and complexity of the background of the appeal and that it was not persuaded that it was in the interests of justice to hold one. On the Appellants’ argument that UNAT had erred previously in establishing the criteria in permanent appointment conversion cases, UNAT noted that they were effectively requesting a revision of two previous UNAT judgments and held that they were time-barred from doing so. UNAT held that the criteria in permanent appointment conversion cases, as previously...

UNAT held that the consideration of transferable skills as a criterion for future permanent appointment for staff members serving in a downsizing entity is a relevant factor and a legitimate consideration because the finite mandate of the International Criminal Court for the Former Yugoslavia (ICTY) meant that such staff members had no realistic career prospects in that entity. UNAT held that there was a rational basis for the denial of permanent appointments for the language staff (professional and general service) given the winding down of ICTY and the diminishing need for Bosnian, Croatian...