Judgment No. 1544
Decision
1. The Director-General's decision of 19 June 1995 is quashed insofar as it refused to renew the complainant's appointment.
2. UNIDO shall pay the complainant 25,000 United States dollars in material and moral damages.
3. It shall pay her 3,000 dollars in costs.
4. Her other claims are dismissed.
Consideration 11
Extract:
"A firm line of precedent has it that though a fixed-term appointment ends automatically at the scheduled date of expiry the staff member must be told of the true grounds for non-renewal and given reasonable notice of it even if the contract does not expressly so require."
Keywords
duty to substantiate decision; grounds; date of notification; case law; organisation's duties; contract; fixed-term; non-renewal of contract; notice
Consideration 14
Extract:
"Reinstatement would not be appropriate in the circumstances of the case. The complainant's appointment was limited to service in Zimbabwe. From the beginning of 1993 she knew that relations with her first-level supervisor were so unsatisfactory that she could not continue to serve in that country; indeed she herself had made several requests for transfer. She could have had no expectancy of renewal of her appointment in Zimbabwe. She is, however, entitled to damages for the material and moral injury she suffered on account of the premature termination of her appointment and the failure to give her due notice of non-renewal."
Keywords
due process; organisation's duties; contract; fixed-term; non-renewal of contract; notice
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