Judgment No. 623
Decision
THE COMPLAINT IS DISMISSED.
CONSIDERATIONS
Extract:
"NO PURPOSE WOULD BE SERVED BY HEARING THE [WITNESS]. THE WRITTEN EVIDENCE INCLUDES SEVERAL LETTERS BY HIM ABOUT THE COMPLAINANT'S CASE WHICH FULLY EXPLAIN HIS POSITION ON THE MATTERS IN DISPUTE."
Keywords
tribunal; oral proceedings; refusal
CONSIDERATIONS
Extract:
"A CONTRACT LIKE THE COMPLAINANT'S AUTOMATICALLY ENDS ON EXPIRY AND THE CONTRACTUAL RELATIONSHIP TERMINATES FORTHWITH. SUCH A CONTRACT DOES NOT AS A RULE CONFER ANY RIGHT TO RENEWAL, AND RENEWAL IS A MATTER OF DISCRETION".
Keywords
contract; fixed-term; non-renewal; discretion
CONSIDERATIONS
Extract:
THE COMPLAINANT PLEAS THAT HE HAD NO CHANCE TO PRESENT HIS CASE TO THE APPEALS COMMITTEE IN PERSON. "ALL THAT THE RIGHT TO A HEARING REQUIRES IS THAT THE COMPLAINANT SHOULD BE FREE TO PUT HIS CASE, WITHOUT ARBITRARY RESTRICTIONS, EITHER IN WRITING OR ORALLY."
Keywords
internal appeals body; internal appeal; right to reply; condition
CONSIDERATIONS
Extract:
THE APPLICABLE PROVISION "SAYS THAT A STAFF MEMBER MAY DESIGNATE ANOTHER STAFF MEMBER TO PRESENT HIS CASE OR ACT AS HIS COUNSEL BEFORE THE APPEALS [BODY]. THE FAO CANNOT THEREFORE BE HELD LIABLE FOR NOT APPOINTING A QUALIFIED LAWYER TO ADVISE THE COMPLAINANT, NOR WAS HE DENIED ANY DUE PROCEDURAL SAFEGUARDS IN PUTTING HIS CASE".
Keywords
complainant; internal appeals body; internal appeal; counsel
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