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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



 
Last updated: 18.10.2012 ^ top