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Judgment No. 269

Decision

THE COMPLAINT IS DISMISSED.

Consideration 3

Extract:

In order to lower editorial expenditure the complainant's post was abolished and free-lance staff engaged under contract. "[I]n abolishing the complainant's post and assigning her functions to someone engaged under contract the Director-General was giving effect to [the organization's] policy. It is not for the Tribunal to review such policy, whether it relates to the scope of the [organization's] activities or to its methods of work."

Keywords

external collaborator; appointment; abolition of post; reorganisation; judicial review; discretion; organisation's interest

Consideration 2

Extract:

"[A]n organisation may properly decide to abolish a post in one or the other of two contingencies - either when it ceases to perform certain functions or when it relieves the responsible staff member of those functions and assigns them to one or more other staff members."

Keywords

abolition of post; reorganisation; condition

Consideration 2

Extract:

"Although the Director-General enjoys discretionary authority in taking measures which entail abolishing a post, his decision is not wholly free from review by the Tribunal. It may be quashed if [...]."

Keywords

abolition of post; judicial review; discretion

Consideration 4

Extract:

"Being bound by the scope of the complainant's claims for relief the Tribunal is not required to consider the complainant's allegation of an attempt at bribery. If that allegation were proved the attempt at bribery would be subsequent to the abolition of post and merely a consequence thereof. Hence it cannot properly be relied upon to justify the quashing of the impugned decision and the complainant's reinstatement, the only claims for relief which she has made."

Keywords

complaint; claim; subsequent fact; receivability of the complaint; competence of tribunal; limits

Consideration 2

Extract:

"[T]he Tribunal will find that there has been abuse of authority where the abolition of a post is motivated, not by relevant and objective considerations, but by a desire to remove a staff member for whose dismissal there are no lawful grounds."

Keywords

abolition of post; misuse of authority

Consideration 2

Extract:

"Far from being determined once and for all, the purposes and structure of an organisation must move with the times and no institution is immune to change. According to circumstances such change in an organisation may entail the abolition of posts. Even if there is no express provision in the Staff Regulations or Staff Rules for such a measure, it is implicit in the principle that no organisation is bound to [conserve] the purposes and policies which it adopted at any particular time [in the past]."

Keywords

abolition of post; reorganisation; organisation's interest; consequence

Consideration 2

Extract:

"[T]here is a general principle whereby an organisation may not terminate the appointment of a staff member whose post has been abolished, at least if he holds an appointment of indeterminate duration, without first taking suitable steps to find him alternative employment."

Keywords

organisation's duties; contract; permanent appointment; abolition of post; reassignment; termination of employment

Consideration 3

Extract:

"[T]he abolition of post was not directed personally at the complainant. On the contrary, two other [officials serving as] editors and the art director lost their posts at about the same time. There is therefore no question of abuse of authority."

Keywords

abolition of post; reorganisation; staff reduction; misuse of authority



 
Dernière mise à jour: 03.04.2020 ^ haut