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Judgment No. 251

Decision

THE COMPLAINT IS DISMISSED.

Consideration 5

Extract:

"In choosing from among several candidates [...] length of service and university education are not the sole criteria. In fact the most important one is fitness for the vacant post."

Keywords

vacancy; seniority; appointment; candidate; qualifications; degree; condition; elements

Consideration 3

Extract:

The refusal to extend the complainant's appointment is based on the abolition of the complainant's post. Considering the length of his service, the complainant might have expected to be kept on, but "it does not follow that the Director-General exceeded his discretionary authority in taking a decision which there is no reason to doubt was in accordance with the interests of the organization in his charge."

Keywords

legitimate expectation; contract; fixed-term; abolition of post; non-renewal of contract; discretion; organisation's interest

Consideration 2

Extract:

"A decision not to extend a fixed-term appointment or not to convert it into an appointment of indeterminate duration falls within the Director-General's discretionary authority. Hence the Tribunal may quash it only if [...]."

Keywords

contract; fixed-term; permanent appointment; offer; non-renewal of contract; judicial review; discretion

Consideration 5

Extract:

"Although the complainant regularly received his salary increments his work was not always fully satisfactory, as appears from the dossier and is suggested by the failure of his many applications. On the other hand, the successful candidate had been trained for the vacant post and had proved himself fully fit for it. In the circumstances, even though the decision may be open to question, the Director-General did not draw any clearly false conclusions from the dossier."

Keywords

vacancy; increment; appointment; candidate; qualifications; salary; unsatisfactory service; other

Consideration 3

Extract:

"In this case the décision not to extend or convert the complainant's appointment is not tainted with any irregularity which entitles the Tribunal to interfere. That decision is based on the abolition of the complainant's post - made redundant by the installation of three computers - and that is a plausible reason for not extending an appointment which has expired."

Keywords

grounds; contract; fixed-term; abolition of post; reorganisation; non-renewal of contract; judicial review



 
Last updated: 05.03.2020 ^ top