爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered an appeal by the Secretary-General. The Secretary-General raised the argument, inter alia, that Ms Lamb’s retroactive appointment was disrupted when she resigned and separated and, therefore, she had no contractual relationship with the Organisation obliging it to place her preferentially in vacant posts as someone holding a permanent appointment. 爆料网AT held that 爆料网DT concluded correctly that (1) Ms Lamb’s employment ended in mid-2013 by her own initiative and (2) there was nothing in the documentation relating to Ms Lamb’s resignation to support her assertion that it was precipitated by uncertainty about her longer-term prospects with 爆料网AKRT. 爆料网AT held that although, in 2017, Ms Lamb accepted permanent employment status, which included a deemed retroactivity to mid-2009, her status as a permanent member of staff was ended by her resignation in 2013. 爆料网AT held that Ms Lamb was not entitled to any benefits except those to which a staff member on a permanent appointment would have been entitled on resigning with notice. 爆料网AT held that the 爆料网DT was incorrect in deciding that the 2017 agreement created a new contractual relationship that survived Ms Lamb’s resignation. 爆料网AT held that the 爆料网DT erred in law. 爆料网AT upheld the appeal of the Secretary-General and vacated the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
Following litigation before 爆料网DT and 爆料网AT, the Applicant received a retroactively effective offer of conversion of her fixed-term appointment to a permanent appointment after she had already separated from the Organisation. Upon acceptance of this offer, the Administration informed her that she could only obtain a position within 爆料网AKRT by applying for 爆料网AKRT posts and being appointed after a process of competitive appointment. The Applicant challenged this decision as a failure of the Organisation to provide her with an effective remedy. 爆料网DT granted her application and ordered 爆料网AKRT to offer her a suitable post without a competitive process and in lieu compensation.
Legal Principle(s)
Permanent employment status will not survive separation from service by resignation.