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Judgment No. 245

Decision

1. THE COMPLAINT IS ALLOWED IN THAT THE AGENCY SHOULD EXTEND THE COMPLAINANT'S FINAL APPOINTMENT SO AS TO BRING HIS TOTAL PERIOD OF SERVICE TO FIVE YEARS AND SO ENTITLE HIM TO THE BENEFITS OF PARTICIPATION IN THE UNITED NATIONS JOINT STAFF PENSION FUND.
2. THE REMAINDER OF THE COMPLAINANT'S CLAIMS IN HIS COMPLAINT AND HIS REJOINDER IS DISMISSED.
3. MR. MEYER IS AWARDED A SUM OF FOUR THOUSAND SWISS FRANCS IN RESPECT OF COSTS.

Consideration 5

Extract:

[T]he refusal of the complainant's request to extend his contract "deprives him of his pension entitlements. It therefore has substantial effects on the financial interests of a staff member whose services were consistently regarded by [the organisation] as satisfactory."

Keywords

complaint allowed; decision quashed; organisation's duties; contract; extension of contract; fixed-term; non-renewal of contract; pension; unjspf; participation; consequence; refusal

Consideration 3

Extract:

"The complainant cannot properly take the [organisation] to task for appointing him without informing him of its general practice of not granting fixed-term appointments of more than five years' duration. It may of course be regrettable that he was not informed at the outset of that restriction, as new staff members [...] apparently now are. But since he should have expected his appointment to be terminated [...] he cannot found any claim on the omission which he attributes to [the organisation]."

Keywords

organisation; negligence; duty to inform; contract; duration of appointment; fixed-term; non-renewal of contract; contributory service; forfeiture of benefit; limits

Consideration 5

Extract:

"[B]y limiting the period of the complainant's service to five years the Director-General would not have departed from the practice of regarding only appointments of more than five years as permanent."

Keywords

practice; contract; duration of appointment; fixed-term; permanent appointment; limits

Consideration 3

Extract:

The director of personnel had informed the complainant that fixed-term contracts "[...]'can be followed by [further] fixed-term contracts depending upon the needs of the [organisation's] programme and work performances of the staff member concerned'. The complainant could not infer from that statement [...] any right to continue in the [organisation's] service until completion of the programme to which he had been assigned and for as long as his work performance was satisfactory. On the contrary, by using the word 'can' the [organisation] reserved the right to terminate his appointment even if the stipulated conditions were fulfilled."

Keywords

organisation's duties; contract; extension of contract; fixed-term; non-renewal of contract; condition

Consideration 4

Extract:

"[The] argument [of misuse of authority] can be accepted only if the Director-General was actuated by improper motives. Since it is the Director-General's duty to safeguard the [organisation's] interests at all times, the question arises whether the impugned decision [not to renew the complainant's contract] is in accordance with those interests. the tribunal will not substitute its own opinion of the nature of the [organisation's] interests for that of the highest authorities of the administration, which are the sole judges."

Keywords

contract; fixed-term; non-renewal of contract; judicial review; discretion; organisation's interest; misuse of authority

Consideration 5

Extract:

"Although the complainant has not expressly put forward this argument [unwarranted conclusions drawn from the evidence], the Tribunal feels bound to consider it since its jurisdiction requires it to apply the law."

Keywords

tribunal; application of law ex officio; mistaken conclusion

Consideration 5

Extract:

"[B]y causing the complainant serious loss which was not justified by the need to safeguard any interest of the [organisation] the Director-General drew from the dossier conclusions which are clearly mistaken."

Keywords

injury; contract; fixed-term; non-renewal of contract; pension; pension entitlements; forfeiture of benefit; organisation's interest; mistaken conclusion



 
Dernière mise à jour: 04.03.2020 ^ haut