UNDT/2013/087

UNDT/2013/087, Vandamme

UNAT Held or UNDT Pronouncements

The Applicant’s separations from service were the result of the expiration of his fixed-term appointments in the natural course of business. There were no legal provisions or administrative decision requiring that the Applicant take any breaks in service between his FTAs. The time period between his separation from service on one FTA and his re-employment on another FTA, which was not followed by any type of reinstatement, results in the Applicant’s continuity of service being broken. Therefore, one of the cumulative conditions of ST/SGB/2009/10, to have five years of continuous service before 30 June 2009, was not fulfilled.

Decision Contested or Judgment Appealed

The Applicant contested the decision that he was ineligible for consideration for conversion to a permanent appointment due to his breaks in service being that he was reappointed within less than a month of each of his breaks in service.

Legal Principle(s)

N/A

Outcome

Dismissed as not receivable

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full Judgment

Applicants/ Appellants

Vandamme

Entity

OHRM

Case Number(s)

UNDT/NY/2011/002

Tribunal

UNDT

Registry Location :

New York