Judgment No. 844
Decision
1. THE COMPLAINANT IS AWARDED DAMAGES EQUIVALENT TO SIX MONTHS' NET SALARY AND ALLOWANCES.
2. THE COMPLAINANT IS AWARDED 1,500 UNITED STATES DOLLARS TOWARDS COSTS.
3. ALL HIS OTHER CLAIMS ARE DISALLOWED.
Consideration 23
Extract:
"In recruiting an employee who would be expected to acquire skills which were not necessarily an extension of skills he already possessed but required a different discipline altogether, the Agency should have made it quite clear to the applicant exactly what was involved so that he could judge whether or not he possessed the ability to acquire, retain and apply the new skills and knowledge."
Keywords
organisation's duties; duty to inform; assignment; post description; difference
Consideration 26
Extract:
"The failure of the complainant to find another position within the Agency cannot form the basis of a claim since Staff Rule 3.03.2[d] provides that a fixed-term appointment does not carry any expectation of renewal or of conversion to any other type of appointment. There is nothing to substantiate his allegation that his attempts to find other employment within the Agency were thwarted by the head of his section."
Reference(s)
Organization rules reference: ARTICLE 3.03.2 OF THE IAEA STAFF RULES
Keywords
organisation's duties; contract; fixed-term; reassignment; non-renewal of contract
Consideration 27
Extract:
"In reaching his decision of 11 February 1987 the Director-General failed to take an essential fact into consideration, namely the degree of the Agency's own responsibility for the lack of information supplied initially to the complainant. While the paramount consideration in making or renewing appointments is to secure employees of the highest standard, it is not the only one. The principle of good faith requires that employees be treated with due regard for their rights. If the Director-General had considered the application in the light of the organisation's own responsibility for the complainant's difficulties when his contract was not renewed, he might have reached a different decision."
Keywords
general principle; good faith; organisation's duties; duty to inform; post description; contract; fixed-term; non-renewal of contract; disregard of essential fact
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