UNDT/2013/083

UNDT/2013/083, D'Aspremont

UNAT Held or UNDT Pronouncements

The Tribunal found that the Applicant had had a break in service which disrupted the eligibility requirement of five years’ continuous service with the Organization. Eligibility requirements: Whether a staff member is eligible for consideration has to be assessed against clear and objective criteria, which is not open to discretion. Break-in Service: In the context of the United Nations, a break in service consists of a certain period of time between two contracts, governed by the United Nations staff rules, during which a person is not employed by the Organization. Competence of decision-maker: When no discretion is to be exercised, the lack of competence of a decision-maker may have no impact.

Decision Contested or Judgment/Order Appealed

The Applicant is a staff member of the International Criminal Tribunal for the former Yugoslavia (“ICTY”). She filed an application contesting the decision of the Assistant Secretary-General for Human Resources Management to refuse to convert her fixed-term appointment into permanent appointment.

Legal Principle(s)

N/A

Outcome

Dismissed on merits

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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.

Full Judgment

Applicants/Appellants

D'Aspremont

Entity

Case Number(s)

Tribunal

Registry :