2022-Ģ��ƵAT-1251

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered an appeal by the Secretary-General. Ģ��ƵAT held that Ms. Caucci��s situation differed from the Ģ��ƵDT Judgment in Tran Nguyen (Ģ��ƵDT/2015/002) and therefore it was erroneous for the Ģ��ƵDT to apply such jurisprudence to find that Ms. Caucci had a general service lien with MINUSMA during and after her service with DPO. Ģ��ƵAT 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). Ģ��ƵAT held that all Ms. Caucci had was the specific lien on her former post with MINUSMA which was extended until 30 April 2019. Ģ��ƵAT 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. Ģ��ƵAT held that such MoUs are common and have been deemed lawful and binding by Ģ��ƵAT. Ģ��ƵAT 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. Ģ��ƵAT held that it followed from the MoU that Ms. Caucci was estopped from taking legal action against any administrative decision related to its implementation. Ģ��ƵAT held that the subsequent separation decision implemented the MoU. Ģ��ƵAT granted the Secretary-General��s appeal, reversed the Ģ��ƵDT Judgment and dismissed Ms. Caucci��s application.

Decision Contested or Judgment/Order Appealed

Before Ģ��ƵDT, Ms. Caucci contested the decision to separate her from MINUSMA following completion of a temporary assignment with the Ģ��Ƶ Secretariat Department of Peace Operations (DPO). Ģ��ƵDT allowed the application, rescinded the contested decision and awarded in lieu compensation of one year��s net base salary. The Secretary-General appeals the Ģ��ƵDT 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.

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

Secretary-General

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement