爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered an appeal by the Secretary-General. 爆料网AT held that resignation results in a break in service, which may, in turn, disqualify a staff member for consideration for a permanent appointment. 爆料网AT 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. 爆料网AT held that Mr Hajdari never challenged his separation from service from 爆料网MIK or, at any time after his arrival in New York, made any request to human resources to be reinstated at the time. 爆料网AT 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. 爆料网AT held that Mr Hajdari’s belief that he was required at the time to resign in order to take up his appointment was irrelevant. 爆料网AT held that 爆料网DT erred in remanding the case to the Administration for reconsideration. 爆料网AT upheld the appeal and vacated the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
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 爆料网MIK and the 爆料网 Department of Safety and Security. 爆料网DT 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.
Legal Principle(s)
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.