Judgment No. 1038

• Organization: European Southern Observatory (ESO)
• Date: 26.06.1990
• Original: English
• Judges: Ducoux, Suffian, Carroll
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Consideration 5

Extract:

The complainant, who is challenging the non-renewal of his contract, is concerned that the Director-General's decision may have been prompted by unsubstantiated charges. He alleges breach of his right to a hearing. "The plea is unsound because there was no element of disciplinary sanction in that decision [...] The Director-General made a value judgement which did not require entering into a dialogue with him. There is no reason to hold that the Director-General was not genuine in his evaluation of the complainant's suitability for the post of administrator or that his decision was based on any mistake of fact."

Keywords

right to reply; organisation's duties; contract; fixed-term; non-renewal of contract

Consideration 4

Extract:

"The Director-General took his decision [not to renew the complainant's contract] in the exercise of his discretionary authority. Even though colleagues of the complainant's thought him suitable and recommended extending his appointment, the decision was not theirs to make."

Keywords

competence; work appraisal; contract; qualifications; fixed-term; non-renewal of contract; discretion; executive head