Judgment No. 1350
1. THE DIRECTOR-GENERAL'S DECISION OF 11 DECEMBER 1991 TERMINATING THE COMPLAINANT'S APPOINTMENT AT 31 DECEMBER 1991 AND THE CONFIRMATORY DECISION OF 22 JULY 1993 ARE QUASHED.
2. UNESCO SHALL PAY HIM DAMAGES IN AN AMOUNT EQUIVALENT TO THE PAY HE WOULD HAVE BEEN ENTITLED TO HAD HIS APPOINTMENT EXPIRED AT THE SCHEDULED DATE, 14 OCTOBER 1992, LESS THE THREE MONTHS' PAY HE WAS GRANTED IN LIEU OF NOTICE.
3. HIS OTHER CLAIMS ARE DISMISSED.
The complainant may not seek "the quashing of what he calls the 'decision' of the appeals board: according to the Staff Regulations the Board merely gives an opinion that is not binding on the Director-General".
decision; receivability of the complaint; internal appeals body; advisory body; report; decision quashed; application for quashing
"A decision as important as termination before expiry of a fixed-term appointment on other than disciplinary grounds must scrupulously observe due process and the safeguards that an appointment with an international organisation affords, whether under the contract or under the rules. In this case the procedure was flawed and the safeguards were not observed. The impugned decision to terminate the complainant's appointment therefore cannot stand, and UNESCO must pay him damages in an amount equivalent to the pay he would have been entitled to had his appointment expired" on the date it was due to run out.
due process; staff regulations and rules; contract; fixed-term; termination of employment; procedural flaw; safeguard
[The complainant] is [...] unsuccessful in his claim to reinstatement in a post in the Natural Sciences Sector or, failing that, any other suitable post. Despite the Organization's mistakes it is plain on the evidence [...] that the complainant would have had no prospect of renewal on normal expiry of his prematurely terminated appointment.
evidence; reinstatement; termination of employment