Judgment No. 3830

• Organization: International Atomic Energy Agency (IAEA)
• Date: 28.06.2017
• Original: English
• Judges: Barbagallo, Hansen, Rawlins
• Full judgment text - Full judgment text (french)

Decision

1. The IAEA shall pay the complainant the total amount of 40,000 euros in compensation.
2. The IAEA shall also pay the complainant costs in the amount of 7,000 euros.
3. All other claims are dismissed.

Summary

The complainant challenges the decision to reassign her to her previous grade in the General Service category upon the expiry of her fixed-term appointment to a position in the Professional category.

Judgment keywords

Keywords

complaint allowed; non-renewal of contract

Consideration 6

Extract:

In relation to the adequacy of the Director General’s reasons for rejecting the JAB’s conclusions and its recommendation “that the [complainant] be granted a long-term contract at the P level, that she be retroactively reintroduced at her P4 level grade, and that an adequate P4 level position be offered to her to bring her to retirement”, consistent precedent has it that when an executive head takes a decision which is at variance with a recommendation of the internal appeals body, she or he must provide adequate reasons for doing so. Accordingly, the Tribunal stated, for example, as follows in Judgment 3208, consideration 11 [...].

Reference(s)

ILOAT Judgment(s): 3208

Keywords

motivation; motivation of final decision