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Judgment No. 588



Consideration 8


"In endorsing the adverse comments in the last report the WHO did not rely on isolated or incorrect facts or draw clearly mistaken conclusions from the evidence. [...] The Director took account only of what was revealed by the report [...] and he considered the complainant's comments thereon. His decision to terminate the appointment shows none of the defects [which could lead the Tribunal to quash it] and is sound in law."


performance report; contract; fixed-term; non-renewal of contract; unsatisfactory service; judicial review; mistaken conclusion

Consideration 2


"Because the rule that the internal means of redress must be exhausted, the complainant incurs the risk of a time bar if no definite time limits are set for filing the internal appeal. But where a complainant, in strict observance of the time limits, has done his utmost to secure a decision and the appeals body has nevertheless failed to report, it is only just to allow an exception to the rule."


failure to answer claim; receivability of the complaint; internal remedies exhausted; exception

Dernière mise à jour: 31.03.2020 ^ haut