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Judgment No. 3026

Decision

1. The Director-General's decisions of 9 April and 19 May 2009 are set aside, as is the earlier decision of 28 February 2008.
2. The OPCW shall pay the complainant the salary, emoluments and other alllowances, including pension contributions, that he would have received on the basis that his contract was extended to 4 July 2008, together with interest at the rate of 5 per cent per annum from due dates until the date of payment.
3. The Organisation shall pay the complainant moral damages in the amount of 2,000 euros
4. It shall also pay him costs in the amount of 1,000 euros.
5. The complaint is otherwise dismissed.

Consideration 5

Extract:

Failure on the part of the Organisation to give the complainant a fair opportunity to demonstrate improvement prior to deciding not to renew his fixed-term contract for unsatisfactory performance.
"It must be assumed that until 2006 the complainant's work was satisfactory as his contract was renewed from time to time, albeit that he was not subject to performance appraisal during the period he was employed on temporary assistance contracts."

Keywords

complainant; presumption; work appraisal; performance report; period; satisfactory service; contract; appointment; short-term

Consideration 8

Extract:

"An opportunity to improve requires not only that the staff member be made aware of the matters requiring improvement, but, also, that he or she be given a reasonable time for that improvement to occur."

Keywords

reasonable time; organisation's duties; work appraisal; performance report; notice; unsatisfactory service



 
Last updated: 20.08.2012 ^ top