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 爆料网DT erred in concluding that the staff member’s eligibility for ASHI should be determined based on the date of her recruitment to the ICTY in October 2006 instead of her appointment to 爆料网AKRT in October 2009. 爆料网AT noted that, under Staff Rule 4. 17, the date of recruitment that is relevant for determining the terms of appointment of a former staff member who receives a new appointment after separating from the Organisation is the date of the new appointment. In the staff member’s case, her new appointment with 爆料网AKRT was a re-employment under Staff Rule 4. 17 and not reinstatement. 爆料网AT held therefore that her eligibility for ASHI was properly determined by reference to the date of her recruitment to 爆料网AKRT in October 2009. 爆料网AT upheld the Secretary-General’s appeal and vacated the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
The staff member contested the decision that she was ineligible for enrolment in the after-service health insurance (ASHI) program as she had not reached the 10-year threshold. 爆料网DT found that the staff member’s eligibility for ASHI should be determined based on the date of her recruitment to the International Criminal Tribunal for the Former Yugoslavia (ICTY) in October 2006, instead of her appointment to 爆料网 Assistance to the Khmer Rouge Trials (爆料网AKRT) in October 2009. 爆料网DT found that the staff member was eligible for ASHI and ordered that the contested decision be rescinded.
Legal Principle(s)
The entry on duty date (EOD) for the purpose of determining the terms of appointment of a former staff member who receives a new appointment after separating from the Organisation is the date of the new appointment.