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Judgment No. 166

Decision

THE COMPLAINT IS DISMISSED.

Considerations

Extract:

"With regard to the non-renewal of the complainant's contract, it is clear from [...] the evidence [...] that the measure in question was justified by the termination of the [mission] for which [the complainant] had been appointed, and by the exhaustion of the funds allocated to it, and also that the measure was of a general character which did not affect [the complainant] alone." There is no evidence of animosity or bias.

Keywords

project personnel; contract; fixed-term; budgetary reasons; non-renewal of contract

Considerations

Extract:

"With regard to the failure to appoint [the complainant], the proceedings have shown that after consulting various persons qualified to give an opinion on the candidates [...] the [...] chief of service selected [an official] who was already working for him and of whose efficiency and diligence he had personal experience. Such a choice was quite normal and cannot be regarded in itself as being contrary to the interests of the organization or tainted by [bias]."

Keywords

work appraisal; appointment; discretion; organisation's interest; titularization

Considerations

Extract:

"The action of the Director-General [...] or of an official acting under his orders in deciding not to renew the temporary appointment of a staff member [lies within] the discretionary power conferred on the head of the organization in the interest of the organization itself. The existence of this discretionary power excludes any right [...] to the renewal of [an] appointment and also restricts the Tribunal's power of review."

Keywords

contract; fixed-term; non-renewal of contract; judicial review; discretion; organisation's interest

Considerations

Extract:

"[I]n selecting an official for a vacant post the Director-General must base his decision not on a single criterion but on several considerations, such as occupational skill, length of service, experience, diligence, and suitability for performing the functions of an international official, which he must weigh individually in each case before arriving at a decision."

Keywords

vacancy; work appraisal; appointment; competition; qualifications; fitness for international civil service; discretion; elements

Considerations

Extract:

"[T]he fact that other staff members whose contracts, like that of [the complainant] had not been extended were able to find other posts within the [organization] does not in itself prove that the decisions not to appoint the complainant to the [...] posts [applied for] are tainted by misuse of authority. While it may be a matter for regret that [the complainant], whose efficiency is not in question, should have had to leave the service of [the organization], the Tribunal can only find that the decisions impugned are legally valid."

Keywords

equal treatment; contract; fixed-term; non-renewal of contract; judicial review; discretion; misuse of authority



 
Last updated: 15.06.2020 ^ top