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Judgment No. 32

Decision

THE TRIBUNAL,
Rejecting any wider or contrary conclusions,
Declares the complaint to be receivable and well founded,
Orders that the respondent organisation pay to complainant, by way of compensation, a sum of twelve thousand United States dollars, together with interest at 4 per cent per annum from 31 December 1956; and
Orders that the respondent organisation pay to complainant, by way of participation in the cost of his defence, the sum of six hundred United States dollars.

Considerations

Extract:

"The Director-General's recognised right to grant or refuse an indeterminate appointment under [the applicable] Staff Regulation is sovereign and [...] it is not for the Tribunal to seek for or judge his reasons for so doing."

Keywords

grounds; contract; permanent; offer; judicial review; discretion; refusal

Considerations

Extract:

Vide Judgment 35.

Reference(s)

ILOAT Judgment(s): 35

Keywords

locus standi; intervention; receivability of the complaint; cause of action; no cause of action; staff union; staff representative

Considerations

Extract:

The irregularities indicated "resulted in depriving complainant of the opportunity of effectively discussing the appreciations made by his superiors, a fact aggravated by reason of the irregularities by which the procedure of the [Advisory] Committee was tainted, resulting in complainant being unable to avail himself of a procedure under which he might have been able to emphasise the qualities he claimed with a view to possibly obtaining an indeterminate appointment [...]. In this manner, the complainant was deprived of the possibility of having the decision taken modified, a possibility available to him under the Staff Regulations and Rules."

Keywords

complaint allowed; advisory body; right to reply; due process; work appraisal; contract; fixed-term; permanent; non-renewal of contract; consultation; flaw; procedural flaw; refusal

Considerations

Extract:

The organization offered to submit the case of the complainant to a committee "since that committee had met in order to consider the case its recommendations should have been drawn up within the required conditions". Two of the members of the committee did not take part in all the meetings. One had not seen the report and another had signed a text which contained one of the recommendations" even in the absence of rules of procedure. These facts constitute serious irregularities surrounding the recommendations of the [...] committee."

Keywords

procedure before the tribunal; internal appeals body; advisory body; no provision; flaw; procedural flaw

Considerations

Extract:

The decision of the Director-General to refuse an indeterminate appointment "is particularly serious because it deprives the official concerned of the possibility of making a career within the organization which a lengthy period of satisfactory service had entitled him legitimately to expect [...]. Therefore such a decision should be taken only while fully respecting the provisions of the [Regulations] in order to surround the free decision of the Director-General with the guarantees imposed in the interests both of the organization and of the official concerned."

Keywords

due process; staff member's interest; career; legitimate expectation; satisfactory service; contract; permanent; organisation's interest; flaw; refusal

On the substance

Extract:

Vide Judgment 33, paragraph 5.

Reference(s)

ILOAT Judgment(s): 33

Keywords

contract; fixed-term; non-renewal of contract; notice



 
Last updated: 18.09.2017 ^ top