Judgment No. 131
Decision
THE COMPLAINT IS DISMISSED.
Consideration 2
Extract:
"There is no provision in the Staff Regulations or Rules conferring on the complainant any right in respect of the documents in the organization's file concerning him. He is not entitled to require either that they should be withdrawn or that copies of them should be furnished to him. The submissions on these matters are therefore unfounded."
Keywords
complainant; competence of tribunal; confidential evidence; disclosure of evidence; personal file; application for quashing; elements; request by a party
Consideration 1
Extract:
"The inquiry requested by the complainant in regard to the persons who cast doubt on his state of mental health would be justified only if it would help to establish facts relevant to the disposal of the complaint."
Keywords
complainant; tribunal; submissions; inquiry; illness; condition; refusal; request by a party; investigation
Consideration 3
Extract:
Under the applicable provision, a staff member who has been appointed, by a fixed-term appointment, for one year or more must be notified of the organization's decision not to reappoint him no less than one month before the date of expiry. "The decision taken by the Director-General under the above-mentioned rule lies within his discretion. It cannot therefore be reviewed by the Tribunal unless it is tainted by [...]" (etc.).
Keywords
contract; fixed-term; non-renewal of contract; notice; judicial review; discretion
Consideration 3
Extract:
On 21 August, the complainant was informed that his appointment would terminate at the end of his contract, on 31 August. This decision is the final step in the termination procedure. On 6 April, the complainant had been notified of the termination of his contract. An extension was granted for reasons of health. The "complainant had been aware for over three months that the organization had decided to terminate his contract." This decision merely confirmed those taken earlier while altering the conditions for their execution. It did not defeat the purpose of the applicable provision "which is to protect the staff member from the consequences of a sudden termination of his appointment."
Keywords
confirmatory decision; contract; extension of contract; fixed-term; non-renewal of contract; notice; sick leave
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