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Judgment No. 431

Decision

1. The Agency shall pay the complainant compensation amounting to 50,000 United States dollars.
2. The complainant is awarded 15,000 French francs in costs.

Consideration 7

Extract:

in letting the interests of a member state prevail over those of the organisation for no valid reason, the director-general committed a misuse of authority which taints his decision not to renew the contract. the tribunal need not consider whether the impugned decision is further tainted with any error of law.

Keywords

complaint allowed; member state; contract; fixed-term; non-renewal of contract; organisation's interest; misuse of authority

Considerations 1 and 2

Extract:

the complainant requests the disclosure of documents, copies of which he appends to his rejoinder; the organisation accuses him of procuring the copies in breach of the rules and common practice and asks that the copies be expunged. two of the documents relate to questions of law which the tribunal will settle proprio motu and questions of fact which the tribunal will settle on the strength of other evidence. in the light of the written evidence and what was said at the hearings, the tribunal will not take account of the three documents.

Keywords

complainant; confidential evidence; disclosure of evidence; request by a party

Consideration 6

Extract:

"there will be such misuse [of authority] when, though the decision is formally intra vires, authority is exercised for some improper purpose."

Keywords

misuse of authority; definition

Consideration 9

Extract:

"Where a decision not to extend an appointment is improper the Tribunal generally awards compensation less than the amount of remuneration which the complainant would have received up to the end of a further appointment."

Keywords

amount; contract; fixed-term; non-renewal of contract; material damages

Consideration 6

Extract:

"the executive head of an organisation is bound at all times to safeguard its interests and, where necessary, give them priority over others. one area in which the rule applies is staff recruitment. [...] but he may not forgo taking a decision in the organisation's interests for the sole purpose of satisfying a member state. the organisation has an interest in being on good terms with all member states, but that is no valid ground for a director-general to fall in with the wishes of every one of them."

Keywords

organisation; independence; member state; appointment; organisation's interest

Considerations 3 and 4

Extract:

"It is true that an official may have a good reason for waiving his rights. But the Tribunal will not consider such waiver to be established unless it may be clearly inferred from all the circumstances of the case. It may not be inferred merely from statements which the official may have made on one particular day: it must be evident from his general attitude over a longer period of time." The complainant's signature (on an extension of contract) cannot be interpreted in the present case as a waiver which precludes his claiming relief from the Tribunal.

Keywords

waiver of right of appeal; right of appeal; contract; extension; fixed-term; non-renewal of contract; condition

Consideration 4

Extract:

the complainant relies on a practice whereby inspectors who have given satisfactory service for two years would normally have their appointments renewed for five-year periods. "that is only a general practice [...] not a binding rule. in other words, it neither laid any obligation on the director-general in this case nor conferred any right on the complainant."

Keywords

practice; amendment to the rules; contract; extension; duration of appointment; fixed-term; five-year review; binding character

Consideration 6

Extract:

when an organisation is considering whether or not to renew the contract of a government official of a member state, it is reasonable that it should once again consult the member state it consulted at the time of the initial appointment. it is conceivable that the member state will wish to re-recruit its former official. where sound reasons for opposition to the renewal are expressed or implied, the director-general will go along with them. "but he may not forgo taking a decision in the organisation's interests for the sole purpose of satisfying a member state."

Keywords

grounds; member state; contract; fixed-term; non-renewal of contract; consultation; refusal



 
Last updated: 17.08.2017 ^ top