Judgment No. 127
1. The Organization shall pay the complainant a sum of 10,000 Swiss francs.
2. The remainder of the complaint is dismissed.
The complainant's appointment was terminated on the ground that the necessities of the service required the abolition of the post. "The relevance of the reason given is a matter which falls within the discretion of the Director-General, and in principle the Tribunal is not competent to rule on the expediency of action taken by the organization in the light of the necessities of the service to fulfil its aims. It follows that the Tribunal may not substitute its own judgment for that of the Director-General in respect of the desirability of continuing complainant's employment, having regard to the necessities of the service."
abolition of post; judicial review; discretion; organisation's interest
The complainant's appointment was terminated and his post abolished. "[T]he organization has an obligation to the complainant because of the fact which was not taken into account, namely the intervention with the [national] authorities by the senior technical adviser, without good reason, in the exercise of his official duties. As a result, the complainant has suffered both material and moral injury [...] taking account of [...] in particular [...] the fact that the organization was in ignorance through no fault of its own, the organization should pay the complainant compensation".
injury; liability; material injury; moral injury; organisation; member state; contract; fixed-term; abolition of post; termination of employment; consultation; disregard of essential fact
The technical adviser to the national authorities expressed views concerning the complainant which were, to say the least, lacking in impartiality; he implicitly recognised that he induced the national authorities, without good reason, to take steps which led to the complainant's dismissal before the termination of his contract. The organization did not take account of this essential fact, but it cannot be blamed for not being aware of these circumstances. The complainant is entitled to compensation.
complaint allowed; member state; contract; fixed-term; abolition of post; termination of employment; consultation; disregard of essential fact; bias; material damages