Judgment No. 1783

• Organization: Food and Agriculture Organization of the United Nations (FAO)
• Date: 09.07.1998
• Original: Anglais
• Judges: Fernando, Hugessen, Carroll
• Full judgment text (anglais) - Texte intégral du jugement

Decision

The complaint is dismissed.

Consideration 4

Extract:

"When the Tribunal quashes a flawed decision not to renew a fixed-term appointment it has discretion as to the relief it grants. It may send the case back for a new decision by the Organisation on renewal [...] but if it considers that renewal would be only fair, it will, instead of ordering a new decision, actually order reinstatement under a new contract for an appropriate term. [...] But if it considers neither a new decision nor reinstatement to be possible or advisable, it may, as authorised by Article VIII of its Statute, award the complainant compensation."

Reference(s)

ILOAT reference: ARTICLE VIII OF THE STATUTE

Keywords

application for execution; judgment of the tribunal; decision quashed; case sent back to organisation; iloat statute; contract; reinstatement; duration of appointment; fixed-term; allowance; non-renewal of contract; compensation; effect; subsidiary