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The Ä¢¹½ÊÓƵAT noted that the staff member¡¯s letter regarding early retirement was to be considered a letter of resignation. The Ä¢¹½ÊÓƵAT noted that a few months later she had sent another letter to the Administration requesting to withdraw her resignation. The Ä¢¹½ÊÓƵAT found that the Ä¢¹½ÊÓƵDT had not erred in law when it identified the contested decision as the decision not to accept the staff member¡¯s withdrawal of her resignation, and the Ä¢¹½ÊÓƵDT¡¯s approach had not caused prejudice to her as it had been able to examine all her contentions.

The Ä¢¹½ÊÓƵAT held that the staff member¡¯s resignation produced its legal...

The Tribunal considered that an employer does not have an unqualified right to refuse to accept a resignation and rejected the Applicant¡¯s submissions on receivability. The receivability of any application before the Tribunal is subject to the statutory requirement of article 8.1(c) of the Statute of the Dispute Tribunal, which is categorical that where required, an Applicant must submit a request for management evaluation of a contested decision.

The Tribunal found that the decision regarding the Applicant¡¯s reinstatement has a crucial impact on the case because had his request to be reinstated be considered positively, his service with the Organization would have been considered continuous. The Tribunal ordered the Administration to decide on the request for reinstatement after a policy including the conditions for reinstatement is promulgated and to review, afterward, the decision to consider the Applicant ineligible for consideration for conversion to a permanent appointment. The Tribunal remanded the contested decision to the...