ILO is a specialized agency of the United Nations
ILO-en-strap
Site Map | Contact français
> Home > Triblex: case-law database > By thesaurus keyword > analogy

Judgment No. 4089

Decision

The complaint is dismissed.

Summary

The complainant challenges the decision not to extend her appointment beyond the statutory retirement age.

Judgment keywords

Keywords

extension; retirement; age limit

Consideration 7

Extract:

[I]t was open to the Director General to view the complainant’s conduct giving rise to and the subsequent conduct in relation to the judgment debt as falling short of the standards demanded of international civil servants. Accordingly, and subject to the various legal arguments of the complainant, it was open to the Director General to conclude it was not in the interests of the Agency to extend the complainant’s appointment beyond the mandatory retirement age.

Keywords

extension; retirement; age limit; staff member's duties; conduct; discretion; organisation's interest

Consideration 8

Extract:

[T]he Tribunal has said of the power to extend an appointment beyond retirement age (in relation to the IAEA) that “the decision whether or not to grant [such] an extension to any particular staff member is peculiarly a matter for the exercise of the Director General’s discretion. The Tribunal will only interfere with such exercise on very limited grounds” (see Judgment 2377, consideration 4) and, in the context of another organisation, that “[s]ince the career of a member of staff normally ends automatically when that person reaches retirement age, any such prolongation is, by definition, an exceptional measure” (see Judgment 3285, consideration 9).

Reference(s)

ILOAT Judgment(s): 2377, 3285

Keywords

competence of tribunal; extension; retirement; age limit; judicial review; discretion; executive head

Consideration 16

Extract:

[T]he case law of the Tribunal establishes that “[e]ven though colleagues of the complainant’s thought him suitable and recommended extending his appointment, the decision was not theirs to make” (see Judgment 1038, consideration 4). While those observations concerned the extension of an appointment (without an impending retirement), they are apt to apply in a case such as the present.

Reference(s)

ILOAT Judgment(s): 1038

Keywords

analogy; extension; retirement; age limit; discretion



 
Last updated: 12.04.2019 ^ top