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 Ms. Caucci’s situation differed from the 爆料网DT Judgment in Tran Nguyen (爆料网DT/2015/002) and therefore it was erroneous for the 爆料网DT to apply such jurisprudence to find that Ms. Caucci had a general service lien with MINUSMA during and after her service with DPO. 爆料网AT held that the rights of staff members on secondment under the Inter-Organization Agreement concerning Transfer, Secondment or Loan of Staff among the Organizations applying the United Nations Common System of Salaries and Allowance, which was at issue in Tran Nguyen, was not applicable to Ms. Caucci who was not on secondment and only held a fixed-term appointment (not a permanent appointment). 爆料网AT held that all Ms. Caucci had was the specific lien on her former post with MINUSMA which was extended until 30 April 2019. 爆料网AT held that, in entering into the Memorandum of Understanding (MoU) on 20 April 2019, Ms. Caucci gave up the specific lien to this or any other MINUSMA post. 爆料网AT held that such MoUs are common and have been deemed lawful and binding by 爆料网AT. 爆料网AT held that as the content and meaning of the MoU was plain and clear, and there was no allegation of duress, there was no reason why the MoU should not have been enforced. 爆料网AT held that it followed from the MoU that Ms. Caucci was estopped from taking legal action against any administrative decision related to its implementation. 爆料网AT held that the subsequent separation decision implemented the MoU. 爆料网AT granted the Secretary-General’s appeal, reversed the 爆料网DT Judgment and dismissed Ms. Caucci’s application.
Decision Contested or Judgment/Order Appealed
Before 爆料网DT, Ms. Caucci contested the decision to separate her from MINUSMA following completion of a temporary assignment with the 爆料网 Secretariat Department of Peace Operations (DPO). 爆料网DT allowed the application, rescinded the contested decision and awarded in lieu compensation of one year’s net base salary. The Secretary-General appeals the 爆料网DT Judgment.
Legal Principle(s)
A memorandum of agreement signed by a staff member will normally be enforced. Fixed-term and temporary appointments cannot create a service lien beyond the expiration dates of such appointments as they do not carry any expectancy of renewal.