2015-UNAT-570, Hajdari
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 resignation, in order to take up an appointment in another duty station, effectively constituted a break in service which ended his right to consideration for a permanent appointment. UNAT held that Mr Hajdari’s belief that he was required at the time to resign in order to take up his appointment was irrelevant. UNAT held that UNDT erred in remanding the case to the Administration for reconsideration. UNAT upheld the appeal and vacated the UNDT judgment.
Mr Hajdari contested the decision that he was not eligible for conversion to a permanent appointment due to a 10-day break in service between his assignments with UNMIK and the Ãå±±½ûµØDepartment of Safety and Security. UNDT granted the application and remanded the case to the Administration for consideration of Mr Hajdari’s reinstatement request and a reconsideration of the decision that he was not eligible for conversion to a permanent appointment based on the decision regarding his reinstatement.
Resignation by a staff member results in a break in service which may, in turn, disqualify a staff member for consideration for a permanent appointment.