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Judgment No. 1724

Decision

1. The Fund shall pay the complainant 200,000 United States dollars in damages for injury under all heads.
2. It shall pay him 50,000 French francs in costs.
3. His other claims are dismissed.

Considerations 11 and 12

Extract:

"Article 3.10.4 of [IFAD's] Manual says that a decision to terminate the contract of employment of an official may be taken by the President, 'and the President alone', in the interests of the Fund. So it does vest discretion in the President to end an appointment in the Fund's interest without resort to disciplinary process. [...] Yet the Fund is mistaken [...] that the President has unfettered authority under the provision to cite the Fund's interests as grounds for dismissal. He must set out the facts fully enough to enable the Tribunal to exercise its power of review and to determine objectively whether it is indeed the Fund's interests that are the reason for the dismissal. As was held in Judgments 1234 [...] under 19 and 1496 [...] under 9, although an organization's 'own interests are paramount [...] it must still, for the sake of proper management and mutual confidence, treat its staff fairly."

Reference(s)

Organization rules reference: ARTICLE 3.10.4 OF IFAD'S MANUAL
ILOAT Judgment(s): 1234, 1496

Keywords

complaint allowed; complaint allowed in part; duty to substantiate decision; respect for dignity; staff member's interest; staff regulations and rules; termination of employment; judicial review; discretion; limits; organisation's interest



 
Last updated: 26.09.2014 ^ top