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Judgment No. 65

Decision

THE COMPLAINT IS DISMISSED.

Consideration 2

Extract:

Vide Judgment 65, consideration 1.

Keywords

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

Consideration 1

Extract:

"Having regard to the advisory opinion of the International Court of Justice [...] the [...] Administrative Tribunal is competent to hear complaints relating to the non-renewal of fixed-term appointments (ICJ : reports, 1956, page 77). Although this opinion concerns UNESCO officials, it applies by analogy to the staff of other organizations falling within the Tribunal's jurisdiction. Therefore, the complainant's prayer for the quashing of the decision not to renew her appointment is receivable."

Keywords

icj; competence of tribunal; contract; fixed-term; non-renewal of contract; advisory opinion of icj

Consideration 4

Extract:

The complainant, a public information officer, received an invitation mistakenly bearing his name to a diplomatic dinner party. In disclosing to press correspondents the details of a conversation on this subject with his chief, the complainant violated his obligations, "having regard both to the fact that the information related to a matter of official business which should have remained privy to the organization and to the fact that the information so disclosed was such as might harm the prestige of the United Nations."

Keywords

staff member's duties; duty of discretion; organisation's reputation

Consideration 3

Extract:

"The decision not to renew the complainant's appointment [...] taken on the basis of a single unfavourable report after a long period of satisfactory service, would leave out of account essential material elements and would constitute an obviously wrong conclusion drawn from the record unless the appraisal report and the comments thereon disclosed sufficiently serious deficiencies in the work or conduct of the official concerned to justify by themselves the decision not to renew the official's appointment."

Keywords

performance report; different appraisals; satisfactory service; contract; fixed-term; non-renewal of contract; unsatisfactory service; conduct; disregard of essential fact; mistaken conclusion

Consideration 5

Extract:

For the purpose of administrative decisions taken on the basis of and relating solely to a given reporting period, "there may be doubt as to whether an incident occurring prior to a given reporting period can be validly relied on in support of an evaluation of work and conduct during the reporting period, except insofar as it may be related to further events occurring within the reporting period."

Keywords

decision; performance report; period; elements

Consideration 5

Extract:

"The reference to the complainant's conduct was properly part of the record incorporating the appraisal report and was not objected to as such by the complainant, so that the Director-General could properly take notice thereof in deciding whether, in the light of the facts disclosed in the 1960 report and comments thereon, the complainant's appointment should be extended."

Keywords

complainant; performance report; contract; fixed-term; non-renewal of contract; unsatisfactory service; conduct; acceptance



 
Dernière mise à jour: 07.04.2020 ^ haut