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Judgment No. 191

Decision

1. The decision of the Director-General of UNESCO dated 30 April 1971 together with the notification of that decision dated 18 June 1971 and the decision confirming it dated 5 January 1972 are quashed.
2. Mr. Ballo is entitled to renewal of his appointment for three years with effect from 31 August 1971, unless the Director-General should prefer to pay him compensation amounting to 100,000 French francs as full and final settlement. Should his appointment be renewed, the sums paid to Mr. Ballo in respect of the sickness leave which he was granted shall be deducted from the salary payable to him with effect from 1 September 1971.
3. Mr. Ballo is awarded a sum of 10,000 French francs in respect of costs. In witness of this judgment by Mr. Maxime Letourneur, President, Mr. André Grisel, Vice-President, and the Right Honourable Lord Devlin, P.C., Judge, the aforementioned have hereunto subscribed their signatures as well as myself, Bernard Spy, Registrar of the Tribunal.

Considerations

Extract:

"The Director-General fell into the error of supposing that because the limited part of the complainant's work which he himself saw was bad in his opinion therefore the complainant's work as a whole was to be condemned. In treating as of no account the unanimous opinion of those who were familiar with the whole of [the complainant's] performance, the Director-General failed to take into consideration essential facts of the case. His decision must therefore be quashed."

Keywords

work appraisal; different appraisals; satisfactory service; contract; fixed-term; non-renewal of contract; unsatisfactory service; disregard of essential fact

Considerations

Extract:

The Tribunal must determine whether a decision taken by virtue of a discretionary authority "was taken with authority, is in regular form, whether the correct procedure has been followed and, as regards its legality under the organization's own rules, whether the administration's decision was based on an error of law or fact, or whether essential facts have not been taken into consideration, or again, whether conclusions which are clearly false have been drawn from the documents in the dossier, or finally, whether there has been a misuse of authority."

Keywords

contract; fixed-term; non-renewal of contract; judicial review; discretion

Considerations

Extract:

Noting the confidential nature of the documents which it ordered to be disclosed, the Tribunal "decided not to communicate them to the complainant and merely informed him of the tentative conclusions which it had drawn from them. [...] After further consideration, however, the Tribunal reached its decision without relying on these documents."

Keywords

tribunal; appraisal of evidence; confidential evidence; disclosure of evidence; request by a party

Considerations

Extract:

"While the Director-General [...] was entitled to differ [with] the opinion expressed by the high-ranking officials [...] he should, before reaching the final decision which he alone was competent to make, have taken into account not only the complainant's attitude on the particular occasions when he had 'personally seen him at work', but also the quality of the complainant's general performance of his duties as attested by his immediate supervisors in highly favourable terms."

Keywords

work appraisal; different appraisals; contract; fixed-term; non-renewal of contract; unsatisfactory service; supervisor; executive head; disregard of essential fact



 
Dernière mise à jour: 25.08.2020 ^ haut