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Judgment No. 2991

Decision

1. The decision of 19 December 2007 of the ad interim Director of the CDE is set aside.
2. The CDE shall pay the complainant compensation, including all interest, equivalent to one year's salary and allowances, as stated under 23, above, to redress the material injury suffered.
3. It shall provide him with an Attestation of service as indicated under 26.
4. It shall pay him costs in the amount of 5,000 euros.
5. All other claims are dismissed.

Consideration 11

Extract:

"[A]n assessment report can constitute a decision adversely affecting the person concerned and, as such, it may be contested by means of an internal complaint lodged within the time limits established by an organisation's rules and regulations. It may even be impugned in proceedings before the Tribunal after internal means of redress have been exhausted."

Keywords

cause of action; internal appeal; internal remedies exhausted; performance report

Consideration 13

Extract:

"It is a general principle of international civil service law that there must be a valid reason for any decision not to renew a fixed-term contract. If the reason given is the unsatisfactory nature of the performance of the staff member concerned, who is entitled to be informed in a timely manner as to the unsatisfactory aspects of his or her service, the organisation must base its decision on an assessment of that person's work carried out in compliance with previously established rules (see, for example, Judgments 1911, under 6, and 2414, under 23)."

Reference(s)

ILOAT Judgment(s): 1911, 2414

Keywords

complaint allowed; complaint allowed in part; decision; duty to substantiate decision; grounds; international civil servant; formal requirements; international civil service principles; organisation's duties; duty to inform; written rule; work appraisal; contract; fixed-term; non-renewal of contract; unsatisfactory service; right



 
Last updated: 11.12.2018 ^ top