爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered the Secretary-General’s appeal as to whether Ms Carrabregu was eligible to be considered for a permanent appointment. 爆料网AT noted that the factual sequence clearly showed that Ms Carrabregu freely and willingly resigned from her service with 爆料网DP to take up an appointment with a different entity (爆料网V), thereby causing a break in service. 爆料网AT held that this break in service should have led 爆料网DT to uphold the administrative decision that Ms Carrabregu was not eligible for conversion to a permanent appointment. 爆料网AT further noted that Ms Carrabregu’s service to 爆料网V could not be considered a reinstatement, as the terms of it reflected that it consisted of a completely new appointment, to the extent that Ms Carrabregu’s annual leave from her prior appointment was not carried over to her appointment with 爆料网V, which was another indicator of a break in service that she expressly acknowledged. 爆料网AT allowed the appeal and vacated 爆料网DT’s judgment. 爆料网AT also affirmed the administrative decision regarding Ms Carrabregu’s ineligibility for conversion to a permanent appointment.
Decision Contested or Judgment/Order Appealed
Ms Carrabregu contested the decision to deem her ineligible for consideration for a permanent appointment. 爆料网DT held that 爆料网DP erred in allowing Ms Carrabregu to be placed on special leave without pay so that she could take up a 300-series ALD appointment, which resulted in 爆料网DP being unable to take her September 2009 resignation into account for the purpose of determining her eligibility for a permanent appointment. 爆料网DT concluded that Ms Carrabregu must be considered to have met the requirement of continuous service and therefore ordered the rescission of the contested decision.
Legal Principle(s)
A break in service of any duration prior to the date on which the staff member reached the five years of qualifying service will interrupt the continuity of service. Breaks in service after the date on which the staff member reached five years of qualifying service will not automatically disqualify staff members from being considered for a permanent appointment; their situation will be reviewed taking into account the specific facts of each case.