Judgment No. 1046
1. THE DIRECTOR-GENERAL'S DECISION OF 14 MARCH 1989 IS SET ASIDE.
2. THE ORGANIZATION SHALL PAY THE COMPLAINANT DAMAGES EQUIVALENT TO THE AMOUNT OF HIS SALARY AND ALLOWANCES UP TO 31 DECEMBER 1988 LESS THE TERMINATION INDEMNITY HE WAS PAID.
3. IT SHALL PAY HIM 1,500 UNITED STATES DOLLARS IN COSTS.
The organization alleges that the reason it put an end to the complainant's appointment was the expiry of his contract. The Tribunal is satisfied that it failed to extend his appointment because his performance was considered unsatisfactory. "The Director-General's decision confirming the complainant's termination must be set aside because he was not separated for the reason it gave."
grounds; contract; fixed-term; non-renewal of contract; unsatisfactory service; judicial review
The complainant was transferred on 1 February 1988. On 5 February he got notice that his contract would not be renewed because of an unsatisfactory report concerning his new assignment. The Tribunal holds that "it was incumbent on the [organization] to give him a fair trial in the job, and [...] to ask after the lapse of only four days for an immediate replacement was to act with undue haste."
time limit; reasonable time; organisation's duties; work appraisal; contract; fixed-term; non-renewal of contract; unsatisfactory service