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Judgment No. 291

Decision

THE COMPLAINT IS DISMISSED.

Considerations

Extract:

"The complaint [as submitted] is not [...] in due and proper form and does not contain all the information desired. While the Tribunal does not hold the complaint irreceivable, it can consider only the pleas made by the complainant in the memoranda before it."

Keywords

complaint; receivability of the complaint; formal requirements; judicial review; limits; consequence

Considerations

Extract:

"Whether or not to renew an appointment is a matter which falls within the Director-General's discretionary authority, and the Tribunal may interfere with a decision taken by the head of the organisation not to renew the appointment only if that decision [...]."

Keywords

contract; fixed-term; non-renewal of contract; judicial review; discretion

Consideration

Extract:

"Supposing that [the] decision were indeed based on action taken by the complainant [...] when he sent his superior a letter couched in highly improper language which could not be tolerated from [a] subordinate, the Tribunal would not be entitled to quash a decision to remove from the staff of the organisation one whose attitude was on several occasions plainly at odds with the basic duties of [an] international official. In any event such an attitude would in law warrant refusing the complainant a further appointment."

Keywords

grounds; contract; fixed-term; non-renewal of contract; conduct; fitness for international civil service; insubordination



 
Last updated: 09.04.2020 ^ top