2020-Ģ��ƵAT-989

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT 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. Ģ��ƵAT held that Ģ��ƵDT 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 Ģ��ƵAKRT. Ģ��ƵAT 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. Ģ��ƵAT 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. Ģ��ƵAT held that the Ģ��ƵDT was incorrect in deciding that the 2017 agreement created a new contractual relationship that survived Ms Lamb��s resignation. Ģ��ƵAT held that the Ģ��ƵDT erred in law. Ģ��ƵAT upheld the appeal of the Secretary-General and vacated the Ģ��ƵDT judgment.

Decision Contested or Judgment/Order Appealed

Following litigation before Ģ��ƵDT and Ģ��ƵAT, 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 Ģ��ƵAKRT by applying for Ģ��ƵAKRT 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. Ģ��ƵDT granted her application and ordered Ģ��ƵAKRT 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.

Outcome

Appeal granted

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Lamb

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement