Judgment No. 93
Decision
l. The complaint for wrongful dismissal is well founded.
2. The rescinding of the decision impugned being inadvisable, compensation in the amount of one thousand United States dollars is awarded to Mr. Saini against the Food and Agriculture Organisation of the United Nations, for the injury caused to him.
3. The costs incurred by the complainant in connection with the present complaint, are awarded against the Organisation in the amount and in the proportion to be determined by order of the President of the Tribunal.
4. The remainder of the prayer for relief is dismissed.
Consideration 3
Extract:
Clause (vi) of the material provision stipulates that the appointment may be terminated in the interests of the organization. "The power in clause (vi) cannot be read as an absolute power exercisable in all cases, but must be read subject to a condition limiting the type of case in which it can be exercised. The condition must be framed in the light of the fact that the power will normally be used in the case of a satisfactory officer, since an unsatisfactory officer can normally be dealt with [under clauses (i) to (v)]."
Keywords
termination of employment; unsatisfactory service; discretion; organisation's interest
Consideration 4
Extract:
In exceptional circumstances the Director-General must be able to dismiss an official whose services are satisfactory in the interest of the organization. "It is for the organization to satisfy the Tribunal that such extraordinary circumstances exist. If the organization satisfies the Tribunal of this, the power arises. It is then for the Director-General to decide whether in these circumstances the interests of the organization require the termination of an officer's appointment and the Tribunal will not interfere with that decision unless [...]".
Keywords
organisation; evidence; burden of proof; satisfactory service; termination of employment; judicial review; discretion; limits; organisation's interest
Consideration 9
Extract:
"As the complaint has partly succeeded, an appropriate proportion of the costs incurred in connection with it [shall] be awarded against the organization."
Keywords
costs
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