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Judgment No. 2902

Decision

1. The decision of the Director-General of 9 October 2007 dismissing the complainant's appeal is set aside, as is the earlier decision not to renew his appointment.
2. UNIDO shall pay the complainant the salary and allowances he would have received had his appointment been renewed until 30 June 2006, together with interest at the rate of 8 per cent per annum from due date until the date of payment. The complainant is to give credit for earnings, if any, in the period from 1 January 2006 until 30 June 2006.
3. UNIDO shall pay the complainant moral damages in the amount of 10,000 euros.
4. It shall also pay him costs in the amount of 1,000 euros.
5. The complaint is otherwise dismissed.

Considerations 6, 8 and 10

Extract:

The complainant impugns the decision not to renew his appointment following a restructuring which entailed the abolition of his post.
"[T]he question remains as to whether restructuring was the real reason for the decision not to renew the complainant's appointment. [...]
Although the record supports the Organization's assertion that a restructuring has occurred, it does not reflect that a decision to restructure and a decision regarding the abolition of specific posts had been taken [before] the complainant was informed that a recommendation to restructure had been approved and that new staffing requirements meant that his post and others would be abolished. [...]
[T]he decision not to renew the complainant's appointment must be set aside."

Keywords

complaint allowed; complaint allowed in part; project personnel; evidence; abolition of post; reorganisation; non-renewal of contract

Consideration 10

Extract:

"[T]he decision not to renew the complainant's appointment must be set aside. However, the evidence does indicate that restructuring was being contemplated and has in fact occurred. In these circumstances, reinstatement is not an appropriate remedy. Rather, the complainant is entitled to be paid the salary and other allowances he would have received had his appointment been renewed for six months, together with interest [...]."

Keywords

complaint allowed; complaint allowed in part; project personnel; decision quashed; reinstatement; abolition of post; reorganisation; non-renewal of contract; judicial review; compensation

Consideration 11

Extract:

"[T]he complainant contends that UNIDO's failure to conduct a performance appraisal before deciding not to renew his appointment constitutes a breach of procedure and a breach of his terms of employment as his letters of appointment stated that he would be evaluated on a yearly basis. [...] The defendant argues that since the non-renewal of the appointment was not based on performance, it is irrelevant whether a performance appraisal was or was not conducted. The Tribunal rejects this argument. UNIDO had a contractual obligation to conduct yearly performance appraisals. International organisations routinely require applicants for positions to provide at least their most recent performance appraisal from a prior employer. UNIDO's failure to provide the complainant with an appraisal has deprived him of the use of a critical tool in his search for future employment."

Keywords

complaint allowed; complaint allowed in part; status of complainant; project personnel; decision quashed; performance report; abolition of post; reorganisation; non-renewal of contract; compensation

Considerations 12 and 14

Extract:

"The complainant argues that the Organization breached its duty of care in failing to accommodate him in another post or in a manner less drastic than the non-renewal of his appointment. [...]
The Organization had no obligation under the 200 Series of the Staff Rules to find an alternative post for the complainant. However, it had a duty to explore with him possible options prior to his separation. The failure to do so was an affront to his dignity and showed a lack of respect for him as a highly regarded long-serving staff member."

Keywords

complaint allowed; complaint allowed in part; status of complainant; project personnel; decision quashed; organisation's duties; respect for dignity; staff regulations and rules; seniority; abolition of post; reassignment; reorganisation; non-renewal of contract; compensation

Consideration 16

Extract:

"The Tribunal finds that by any standards a delay of nearly 19 months to complete the internal appeal process is unreasonable."

Keywords

complaint allowed; complaint allowed in part; project personnel; internal appeal; time limit; reasonable time; decision quashed; abolition of post; reorganisation; non-renewal of contract; compensation



 
Last updated: 24.08.2017 ^ top