TERMS OF APPOINTMENT
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Keywords: TERMS OF APPOINTMENT
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Judgment 161
24th session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 3
Extract:
VIDE JUDGMENT 162, CONSIDERATION 3.
Keywords:
applicable law; disciplinary measure; domestic law; enforcement; inquiry; serious misconduct; staff regulations and rules;
CONSIDERATION 2
Extract:
VIDE JUDGMENT 162, CONSIDERATION 2.
Keywords:
disciplinary measure; inquiry; organisation's interest; salary; serious misconduct; suspension;
CONSIDERATION 3
Extract:
VIDE JUDGMENT 162, CONSIDERATION 3.
Keywords:
adversarial proceedings; due process; evidence; purpose; right to reply; safeguard; serious misconduct; termination;
CONSIDERATION 3
Extract:
VIDE JUDGMENT 162, CONSIDERATION 3.
Keywords:
condition; consequence; medical examination; organisation's duties; right; separation from service; sick leave; termination;
Judgment 160
24th session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 4
Extract:
VIDE JUDGMENT 162, CONSIDERATION 3.
Keywords:
applicable law; disciplinary measure; domestic law; enforcement; inquiry; serious misconduct; staff regulations and rules;
CONSIDERATION 3
Extract:
VIDE JUDGMENT 162, CONSIDERATION 2.
Keywords:
disciplinary measure; inquiry; organisation's interest; salary; serious misconduct; suspension;
CONSIDERATION 2
Extract:
VIDE JUDGMENT 162, CONSIDERATION 1.
Keywords:
appraisal of evidence; conduct; evidence; lack of consent; serious misconduct; staff member's duties;
CONSIDERATION 4
Extract:
VIDE JUDGMENT 162, CONSIDERATION 3.
Keywords:
adversarial proceedings; due process; evidence; purpose; right to reply; safeguard; serious misconduct; termination;
CONSIDERATION 2
Extract:
"THERE IS NO EVIDENCE TO INDICATE THAT THE OFFICIALS BY WHOM THE COMPLAINANT ALLEGES THAT HE WAS VICTIMISED ACTED IN A SPIRIT OF ANIMOSITY OR IN ORDER TO PROTECT THEIR OWN INTERESTS. ON THE CONTRARY, THE FACT THAT THE INVESTIGATION WAS CARRIED OUT BY SEVERAL OFFICIALS EXCLUDES ANY SUSPICION OF BIAS."
Keywords:
bias; inquiry; serious misconduct;
CONSIDERATION 4
Extract:
VIDE JUDGMENT 162, CONSIDERATION 3.
Keywords:
condition; consequence; medical examination; organisation's duties; right; separation from service; sick leave; termination;
CONSIDERATION 1
Extract:
THE COMPLAINANT HAD BEEN ON LEAVE AND THEN FELL SICK. HE SHOULD HAVE INFORMED THE REGISTRAR OR HAVE TAKEN STEPS TO ENSURE THAT THE COMMUNICATION CONTAINING THE MEMORANDUM IN REPLY TO HIS COMPLAINT WAS FORWARDED TO HIM. "CONSEQUENTLY IT WAS HIS OWN FAULT THAT HE DID NOT RECEIVE THE COMMUNICATION ... AND DID NOT REPLY WITHIN THE TIME LIMIT. THERE IS THEREFORE NO REASON TO GRANT HIM A FURTHER TIME LIMIT FOR HIS REPLY. MOREOVER, THIS COULD HAVE BEEN DONE ONLY IF IT HAD BEEN REQUESTED BEFORE THE EXPIRY OF THE ORIGINAL TIME LIMIT. ... THE COMPLAINANT'S APPLICATION WAS TARDY." SINCE THE DOSSIER CONTAINS SEVERAL MEMORANDA BY THE COMPLAINANT, THE TRIBUNAL CAN TAKE ITS DECISION IN FULL KNOWLEDGE OF THE FACTS.
Keywords:
closure of written proceedings; complainant; delay; health reasons; negligence; new time limit; rejoinder; submissions;
Judgment 159
24th session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 1
Extract:
VIDE JUDGMENT 162, CONSIDERATION 1.
Keywords:
appraisal of evidence; conduct; evidence; lack of consent; serious misconduct; staff member's duties;
CONSIDERATION 3
Extract:
VIDE JUDGMENT 162, CONSIDERATION 3.
Keywords:
adversarial proceedings; due process; evidence; purpose; right to reply; safeguard; serious misconduct; termination;
CONSIDERATION 3
Extract:
VIDE JUDGMENT 162, CONSIDERATION 3.
Keywords:
condition; consequence; medical examination; organisation's duties; right; separation from service; sick leave; termination;
CONSIDERATION 3
Extract:
VIDE JUDGMENT 162, CONSIDERATION 3.
Keywords:
applicable law; disciplinary measure; domestic law; enforcement; inquiry; serious misconduct; staff regulations and rules;
CONSIDERATION 2
Extract:
VIDE JUDGMENT 162, CONSIDERATION 2.
Keywords:
disciplinary measure; inquiry; organisation's interest; salary; serious misconduct; suspension;
Judgment 158
24th session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 2
Extract:
AS TENDERED BY THE COMPLAINANT, HIS RESIGNATION WAS NOT IN ANY WAY CONDITIONAL. "ALTHOUGH HE COMPLAINS OF HAVING RECEIVED NO REPLY TO HIS COMPLAINTS AND GIVES THE SUBMISSION OF AN APPEAL AS THE REASON FOR HIS RESIGNATION, HE DOES NOT INDICATE THAT THE CESSATION OF HIS SERVICE IS INTENDED TO CONTINUE ONLY FOR THE DURATION OF THE APPEALS PROCEDURE." BY ACCEPTING COMPLAINANT'S RESIGNATION, THE DIRECTOR TOOK A DECISION WHICH WAS IN NO WAY CONTRARY TO THE APPLICABLE RULES.
Keywords:
acceptance; condition; grounds; resignation;
CONSIDERATION 3
Extract:
"ALTHOUGH THE COMPLAINANT'S SERVICES TERMINATED ... AS A RESULT OF HIS RESIGNATION, HE WAS STILL ENTITLED TO CHALLENGE HIS GRADING DURING AN EARLIER PERIOD."
Keywords:
cause of action; complaint; post classification; receivability; resignation; separation from service;
CONSIDERATION 2
Extract:
"...AS HIS RESIGNATION WAS VALIDLY ACCEPTED HIS CLAIMS FOR REINSTATEMENT AND FOR DAMAGES IN DEFAULT OF REINSTATEMENT ARE EQUALLY UNFOUNDED."
Keywords:
acceptance; refusal; reinstatement; resignation;
Judgment 157
24th session, 1970
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 1
Extract:
ON RETURN FROM A MISSION, THE COMPLAINANT WAS ILL. THE ORGANISATION EXTENDED HIS CONTRACT FOR AS LONG AS THE SICK LEAVE TO WHICH HE WAS ENTITLED UNDER HIS CONTRACT. WITH THE EXPIRY OF THAT CONTRACT, THERE WAS NO LONGER ANY LEGAL CONNECTION BETWEEN THE OFFICIAL AND THE ORGANISATION, WHICH "COULD NO LONGER LAWFULLY GRANT HIM FURTHER SICK LEAVE OR CONTINUE TO BEAR HIS MEDICAL EXPENSES." THE ORGANISATION WAS BOUND BY NO PROVISION NOR ANY GENERAL PRINCIPLE OF LAW TO GRANT THE COMPLAINANT MONETARY COMPENSATION.
Keywords:
contract; extension; fixed-term; illness; insurance benefit; non-renewal; organisation's duties; project personnel; service-incurred; sick leave;
Judgment 155
24th session, 1970
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 1
Extract:
"...THE DIRECTOR-GENERAL'S REFUSAL TO RENEW AN OFFICIAL'S CONTRACT ON ITS EXPIRY IS NOT A DISCIPLINARY MEASURE IN THE TERMS OF THE STAFF RULES. IT FALLS WITHIN HIS FULL DISCRETION."
Keywords:
contract; discretion; fixed-term; non-renewal;
CONSIDERATION 1
Extract:
FOLLOWING HOME LEAVE GRANTED TO THE COMPLAINANT AT HIS OWN REQUEST, "THE DIRECTOR-GENERAL WAS OBLIGED TO REGULARISE HIS POSITION. HE DID SO BY GRANTING [THE COMPLAINANT] SPECIAL LEAVE WITH PAY ... TO ... THE DATE OF EXPIRY OF HIS CONTRACT. IN LAW THIS DECISION IS BEYOND REPROACH."
Keywords:
contract; fixed-term; home leave; non-renewal; special leave;
CONSIDERATION 3
Extract:
THERE IS NO PROVISION IN THE STAFF RULES FOR THE REIMBURSEMENT OF TRAVEL EXPENSES AND THE PAYMENT OF A SUBSISTENCE ALLOWANCE TO OFFICIALS WISHING TO ATTEND THE MEETINGS OF THE APPEALS BODIES AT WHICH THEIR CLAIMS ARE HEARD. THE COMPLAINANT THEREFORE HAS NO RIGHT TO SUCH REIMBURSEMENT. THE ORGANIZATION UNDERTOOK VOLUNTARILY TO PAY HIS TRAVEL EXPENSES FOR THE PURPOSE OF HIS APPEARANCE BEFORE THE APPEALS BODY.
Keywords:
internal appeals body; organisation's duties; refund; right; travel expenses;
CONSIDERATION 2
Extract:
"...IT DOES NOT FALL TO THE ADMINISTRATIVE TRIBUNAL TO ORDER ANY ALTERATION OF A REPORT MADE ON AN OFFICIAL OF THE ORGANIZATION BY THE COMPETENT AUTHORITIES OR THE WITHDRAWAL FROM THE DOSSIER OF ANY PART OF SUCH REPORT."
Keywords:
application for quashing; competence of tribunal; judicial review; performance report; personal file; rating; work appraisal;
Judgment 154
23rd session, 1970
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 2
Extract:
DECISIONS TO TRANSFER AN OFFICIAL LIE WITHIN THE DISCRETION OF THE AUTHORITY MAKING THEM AND ARE SUBJECT TO REVIEW BY THE TRIBUNAL ONLY WITHIN CERTAIN LIMITS; "IN SO FAR AS THE TRIBUNAL JUDGES ITSELF COMPETENT TO HEAR THE COMPLAINTS FILED BY THE COMPLAINANT AGAINST THE DECISION TO TRANSFER HIM, THEY DO NOT JUSTIFY THE QUASHING OF THE DECISION OR THE AWARD OF DAMAGES."
Keywords:
discretion; judicial review; transfer;
CONSIDERATION 2 (B)
Extract:
IT IS STATED IN THEIR CONTRACTS THAT OFFICIALS ARE INITIALLY APPOINTED TO A GIVEN POST, SUBJECT TO POSSIBLE TRANSFER SUBSEQUENTLY. "THE WORDING [INITIALLY, SUBSEQUENTLY] OF THIS PROVISION DOES NOT MEAN THAT IN EVERY CASE AN OFFICIAL MUST PERFORM THE DUTIES OF THE ORIGINAL POST FOR A CERTAIN PERIOD OF TIME BEFORE BEING REQUIRED TO ACCEPT RE-ASSIGNMENT. IF THE FIRST ASSIGNMENT APPEARS STRAIGHT AWAY TO BE UNSUITABLE THERE IS NOTHING TO PREVENT HIS IMMEDIATE RE-ASSIGNMENT. ANY OTHER SOLUTION MIGHT BE AS DAMAGING TO THE OFFICIAL AS TO THE ORGANISATION."
Keywords:
appointment; assignment; interpretation; organisation's interest; time limit; transfer;
CONSIDERATION 2
Extract:
"WHETHER BASED ON THE STAFF REGULATIONS OR ON THE TERMS OF APPOINTMENT, DECISIONS TO TRANSFER AN OFFICIAL LIE WITHIN THE DISCRETION OF THE AUTHORITY MAKING THEM, AND ARE THEREFORE SUBJECT TO REVIEW BY THE TRIBUNAL ONLY WITHIN CERTAIN LIMITS."
Keywords:
discretion; judicial review; transfer;
CONSIDERATION 2 (C)
Extract:
THE DIRECTOR-GENERAL WAS NOT OBLIGED TO POSTPONE THE COMPLAINANT'S RE-ASSIGNMENT BECAUSE OF ALLEGED ILL HEALTH. THE DISORDERS CITED DID NOT AFFORD SUFFICIENT PROOF THAT HE WAS UNABLE TO COMPLY WITH THE TRANSFER ORDER. THE MEDICAL CERTIFICATE BEARS A DATE LATER THAN THE DATE OF THE COMPLAINANT'S SCHEDULED DEPARTURE. "IN ANY EVENT, IT WAS NOT INCUMBENT ON THE ORGANISATION TO CARRY OUT AUTOMATICALLY ANY INQUIRY INTO THE COMPLAINANT'S STATE OF HEALTH."
Keywords:
health reasons; medical examination; organisation's duties; time limit; transfer;
CONSIDERATION 3 (B)
Extract:
"...THE SANCTION OF DISCHARGE CANNOT BE REGARDED AS BEING OUT OF PROPORTION TO THE COMPLAINANT'S DERELICTION OF DUTY. AS THE COMPLAINANT HAD CLEARLY SHOWN THAT HE DID NOT INTEND TO COMPLY WITH THE INSTRUCTIONS CONCERNING HIS TRANSFER WHICH IT WAS HIS DUTY TO OBEY, THE ORGANISATION WAS NOT OBLIGED TO MAKE USE OF HIS SERVICES [IN THE COUNTRY IN QUESTION], WHERE HIS PRESENCE MIGHT BE PREJUDICIAL TO THE ORGANISATION'S WORK, NOR IN ANY OTHER PLACE SINCE HE REFUSED TO MOVE FROM [THE COUNTRY]."
Keywords:
contract; fixed-term; refusal; termination; transfer;
CONSIDERATION 2 (D)
Extract:
THE DEMONSTRATIONS TO WHICH THE COMPLAINANT'S ARRIVAL HAD GIVEN RISE LED THE ORGANISATION TO ORDER THE COMPLAINANT'S TRANSFER. IT IS REGRETTABLE THAT BEFORE ASSIGNING COMPLAINANT TO HIS POST THE ORGANISATION SHOULD NOT HAVE SATISFIED ITSELF THAT HIS ASSIGNMENT WOULD RAISE NO DIFFICULTIES. "HOWEVER, THE COMPLAINANT COULD NOT FAIL TO BE AWARE OF THE DIFFICULTIES TO WHICH HIS ASSIGNMENT ... MIGHT GIVE RISE, AND HE CANNOT THEREFORE PROPERLY COMPLAIN THAT THE ORGANISATION LACKED INFORMATION WHICH ACCORDING TO THE NORMAL STANDARDS OF GOOD FAITH HE HIMSELF SHOULD HAVE SUPPLIED."
Keywords:
conduct; duty to inform; good faith; grounds; organisation's duties; organisation's interest; transfer;
CONSIDERATION 2 (D)
Extract:
THE COMPLAINANT'S TRANSFER WAS MOTIVATED BY THE FACT THAT HIS POLITICAL VIEWS, AS INTERPRETED BY THE NATIONAL AUTHORITIES, COULD HAVE COMPROMISED THE SUCCESS OF HIS MISSION. "THE ORGANISATION HAS RIGHTLY ADOPTED A CONSISTENT POLICY WHEREBY IT AVOIDS KEEPING ON ANY STAFF MEMBER IN ANY AREA WHERE HE HAS BECOME A CONTROVERSIAL FIGURE, WHATEVER THE MERITS OF THE CONTROVERSY MAY BE, SINCE THE ACTIVITIES OF INTERNATIONAL ORGANISATIONS CAN BE EFFECTIVE ONLY IF THEIR OFFICIALS ARE ABOVE ALL SUSPICION."
Keywords:
grounds; organisation's interest; persona non grata; political activity; transfer;
Judgment 153
23rd session, 1970
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATIONS
Extract:
"IN THE OPINION OF THE TRIBUNAL AN ASSESSMENT OF WHAT AMOUNTS TO AN INCREASE IN DUTIES AND RESPONSIBILITIES SUFFICIENT TO ENTITLE THE HOLDER OF A POST TO A HIGHER GRADE OR PAY-LEVEL CANNOT BE MADE SIMPLY BY COMPARING ONE LIST OF TASKS WITH ANOTHER."
Keywords:
grade; judicial review; post classification; post description;
CONSIDERATIONS
Extract:
"...THE TRIBUNAL WILL NEITHER SUBSTITUTE ITS OWN ASSESSMENT FOR THAT OF THE DIRECTOR-GENERAL NOR DIRECT THAT A NEW ASSESSMENT BE MADE. IN TAKING THIS VIEW THE TRIBUNAL ACTS IN ACCORDANCE WITH THE WELL-ESTABLISHED PRINCIPLE THAT IT DOES NOT REVIEW A DECISION OF THIS SORT UNLESS ..." [ETC.]
Keywords:
discretion; grade; judicial review; post classification;
Judgment 152
23rd session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION ON THE TERMINATION
Extract:
"...EVEN DISREGARDING [THE ORGANIZATION'S] STANDARDS WHICH FOR THE PURPOSES OF EVALUATION CAN BE TAKEN INTO CONSIDERATION ONLY AS ONE FACTOR AMONG OTHERS, ... DUE ALLOWANCE BEING MADE FOR THE DIFFICULTY OF THE WORK AND CIRCUMSTANCES IN WHICH IT WAS PERFORMED, [THE COMPLAINANT] DID NOT PRODUCE THE ... OUTPUT OF TRANSLATION WHICH COULD BE REASONABLY EXPECTED OF HIM, AND AFTER BEING WARNED ... DID NOT IMPROVE HIS OUTPUT. IT IS CLEAR THAT UNSATISFACTORY OUTPUT IS AN IMPORTANT FACTOR IN UNSATISFACTORY PERFORMANCE."
Keywords:
output; probation; qualifications; termination; unsatisfactory service; work appraisal;
CONSIDERATION ON THE TERMINATION
Extract:
COMPLAINANT "WAS NOT INFORMED OF THE ORGANIZATION'S INTENTION TO TERMINATE HIS SERVICE NOR INVITED TO STATE HIS VIEWS. IT IS CLEAR, HOWEVER, THAT BEFORE THE APPEALS COMMITTEE THE COMPLAINANT WAS DULY INFORMED OF THE REASONS FOR HIS TERMINATION AND THAT HE HAD AN OPPORTUNITY TO DISCUSS THEM. ACCORDINGLY, IN THE SPECIAL CIRCUMSTANCES OF THE CASE, HE COULD NOT VALIDLY ALLEGE ANY VIOLATION OF THE RIGHT TO A HEARING."
Keywords:
grounds; probation; right to reply; termination; unsatisfactory service;
CONSIDERATION ON EXTENSION OF PROB. PERIOD
Extract:
THE DIRECTOR-GENERAL ALWAYS HAS THE RIGHT TO EXTEND THE PROBATIONARY PERIOD. IN THE PRESENT CASE, HE "WAS IN POSSESSION OF MATERIAL AFFORDING GROUNDS FOR THE PROVISIONAL MEASURE, NAMELY THE EXTENSION OF THE PROBATIONARY PERIOD."
Keywords:
discretion; extension; probation;
CONSIDERATION ON THE TERMINATION
Extract:
"THE TRIBUNAL IS COMPETENT TO REVIEW ANY DECISION OF THE DIRECTOR-GENERAL TO TERMINATE THE APPOINTMENT OF A STAFF MEMBER DURING OR ON THE EXPIRY OF THE PROBATIONARY PERIOD IF IT IS TAKEN WITHOUT AUTHORITY, IS IN IRREGULAR FORM OR TAINTED BY PROCEDURAL IRREGULARITIES, OR IS TAKEN ON ILLEGAL GROUNDS OR BASED ON INCORRECT FACTS, OR IF ESSENTIAL FACTS HAVE NOT BEEN TAKEN INTO CONSIDERATION OR WHERE THERE HAS BEEN A MISUSE OF AUTHORITY, OR IF CONCLUSIONS WHICH ARE CLEARLY FALSE HAVE BEEN DRAWN FROM THE DOCUMENTS IN THE DOSSIER..."
Keywords:
judicial review; probation; termination;
CONSIDERATIONS ON THE TERMINATION
Extract:
"THE TRIBUNAL IS COMPETENT TO REVIEW ANY DECISION OF THE DIRECTOR-GENERAL TO TERMINATE THE APPOINTMENT OF A STAFF MEMBER DURING OR ON THE EXPIRY OF THE PROBATIONARY PERIOD ... THE TRIBUNAL MAY NOT SUBSTITUTE ITS OWN JUDGMENT FOR THAT OF THE DIRECTOR-GENERAL CONCERNING THE WORK OR CONDUCT OF THE PERSON CONCERNED OR HIS QUALIFICATIONS FOR EMPLOYMENT AS AN INTERNATIONAL OFFICER."
Keywords:
discretion; judicial review; probation; qualifications; termination; unsatisfactory service; work appraisal;
CONSIDERATTION ON THE DECISION ON PROB. PERIOD
Extract:
A MANUAL PROVISION PROVIDES THAT STAFF MEMBERS RECRUITED BY THE ORGANIZATION "AFTER SERVING WITH THE UNITED NATIONS OR ANOTHER SPECIALISED AGENCY MAY BE EXEMPTED FROM SERVING A PROBATIONARY PERIOD... THIS PROVISION ... DOES NOT CONFER ANY RIGHT ON THE PERSON CONCERNED, BUT MERELY GIVES THE CHIEF OF THE PERSONNEL DEPARTMENT AUTHORITY TO WAIVE THE REQUIREMENT IF HE IS SATISFIED THAT IT IS APPROPRIATE TO DO SO."
Keywords:
discretion; exception; probation;
Judgment 151
23rd session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATIONS
Extract:
THE DIRECTOR-GENERAL HAS THE AUTHORITY "TO ASSIGN THE STAFF MEMBERS RESPONSIBLE TO HIM IN THE BEST INTEREST OF THE ORGANIZATION. THE AUTHORITY ENJOYED BY THE CHIEF OF THE ORGANIZATION IN THIS RESPECT AFFORDS HIM A WIDE FIELD OF DISCRETION WHICH THE TRIBUNAL CAN REVIEW ONLY IN SPECIFIED CASES."
Keywords:
assignment; discretion; judicial review; organisation's interest; transfer;
Judgment 150
23rd session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 1
Extract:
"THE RESIGNATION OF AN OFFICIAL OF AN ORGANIZATION ENTAILS THE TERMINATION OF HIS APPOINTMENT UNLESS IT IS ESTABLISHED THAT THE RESIGNATION WAS NOT GIVEN VOLUNTARILY."
Keywords:
consequence; exception; lack of consent; resignation; separation from service;
CONSIDERATION 2
Extract:
"IN CASES WHERE THE DIRECTOR-GENERAL SUSPECTS AN OFFICIAL OF HAVING COMMITTED ACTS OF UNDISCIPLINE IN THE PERFORMANCE OF OR IN CONNECTION WITH HIS DUTIES, HE HAS TO TAKE ACTION IN THE MOST ADROIT FASHION TO SAFEGUARD, IF POSSIBLE, THE REPUTATION OF BOTH THE ORGANIZATION AND OF THE OFFICIAL. FOR THAT REASON, BEFORE INITIATING THE DISCIPLINARY PROCEDURE, THE DIRECTOR-GENERAL IS ALWAYS FREE ... TO SUMMON THE OFFICIAL AND ASK HIM FOR EXPLANATIONS."
Keywords:
complainant; disciplinary procedure; executive head; inquiry; misconduct; organisation's duties; organisation's reputation; respect for dignity;
Judgment 149
23rd session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 4
Extract:
THE APPLICABLE PROVISION "IS SPECIFIC THAT A STAFF MEMBER CAN ONLY DESIGNATE ANOTHER STAFF MEMBER TO REPRESENT HIM BEFORE THE COMMITTEE. IT FOLLOWS THAT ANY ADVICE SOUGHT FROM SOME OUTSIDE SOURCE MUST BE PAID FOR BY THE STAFF MEMBER HIMSELF."
Keywords:
complainant; counsel; internal appeal; internal appeals body; refund;
CONSIDERATION 2
Extract:
THE APPEALS BODY WHICH HEARD THE PERSONS CLOSELY CONCERNED WITH THE APPEAL, FOUND THAT THE INCREASE HAD BEEN WITHHELD OUT OF PERSONAL PREJUDICE. UNDER THE APPLICABLE PROVISION, THE BODY WAS COMPETENT "TO FIND THE EXISTENCE OF PREJUDICE. THE DIRECTOR-GENERAL THEREFORE COMMITTED AN ERROR OF LAW IN STATING ... THAT HE COULD NOT ENDORSE THE RECOMMENDATION OF THE APPEALS COMMITTEE ON THIS POINT SIMPLY ON THE GROUND THAT THE COMMITTEE WAS NOT COMPETENT TO MAKE SUCH A RECOMMENDATION."
Keywords:
bias; competence; complaint allowed; decision; decision quashed; enforcement; executive head; flaw; grounds; increment withheld; internal appeals body; mistake of law; recommendation; refusal; report; salary; step;
Judgment 148
23rd session, 1970
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 1
Extract:
"...ALTHOUGH THE COMPLAINANT'S POST-TRAUMATIC IMPAIRMENT WAS ASSESSED AT ONLY 30 PER CENT BY THE MEDICAL BOARD, HIS TOTAL INCAPACITY FOR WORK IS ENTIRELY ATTRIBUTABLE TO THE ACCIDENT ... AND ALL OTHER FACTORS MUST BE EXCLUDED. THE COMPLAINANT IS ACCORDINGLY ENTITLED TO THE ANNUAL COMPENSATION PAYMENTS LAID DOWN BY [THE APPLICABLE PROVISION], I.E. TO TWO-THIRDS OF HIS FINAL REMUNERATION CALCULATED ON THE BASIS OF THAT PROVISION."
Keywords:
accident; cause; disability benefit; incapacity; invalidity; rate;
CONSIDERATION 1
Extract:
"TOTAL INCAPACITY FOR WORK MUST BE TAKEN TO MEAN THE INABILITY OF A STAFF MEMBER TO PERFORM DUTIES CORRESPONDING TO HIS TRAINING AND QUALIFICATIONS."
Keywords:
definition; incapacity;
CONSIDERATION 4
Extract:
"THE CONVERSION OF ANNUAL COMPENSATION PAYMENTS TO A LUMP SUM PAYMENT AS PROVIDED FOR UNDER [THE APPLICABLE PROVISION] IS JUSTIFIED ONLY IN CASES OF PERMANENT INCAPACITY. AS THE MEDICAL BOARD CONSIDERS THAT THE COMPLAINANT'S CONDITION IS CAPABLE OF IMPROVEMENT HIS CLAIM FOR CONVERSION IS NOT WELL FOUNDED."
Keywords:
condition; disability benefit; incapacity; lump-sum; rate;
CONSIDERATION 1
Extract:
"...EVEN IF THE ... INJURY WOULD NORMALLY RESULT IN INCAPACITY OF ONLY 30 PER CENT, IT DOES NOT FOLLOW THAT THE COMPLAINANT'S CLAIM FOR COMPENSATION FOR TOTAL INCAPACITY IS UNFOUNDED. ON THE CONTRARY, HE WOULD BE ENTITLED TO SUCH COMPENSATION IF NO FACTOR OTHER THAN THE ACCIDENT APPEARS TO HAVE CAUSED THE RECOGNISED INCAPACITY."
Keywords:
accident; complaint allowed; disability benefit; incapacity; invalidity; rate; service-incurred;
CONSIDERATION 7
Extract:
DUE TO HIS TOTAL INCAPACITY FOR WORK, THE COMPLAINANT SEEKS THE REIMBURSEMENT OF MEDICAL AND PHARMACEUTICAL EXPENSES IN PERPETUITY. HE "IS ENTITLED TO REIMBURSEMENT OF SUCH EXPENSES ONLY FOR AS LONG AS HIS CONDITION SO REQUIRES."
Keywords:
accident; condition; incapacity; insurance benefit; service-incurred;
CONSIDERATION 8
Extract:
COMPLAINANT SUFFERS FROM TOTAL INCAPACITY FOR WORK. HE ASKS THE TRIBUNAL TO RECOMMEND TO THE JOINT STAFF PENSION FUND TO PAY HIM A PERMANENT PENSION. "THE TRIBUNAL IS NOT COMPETENT TO DEAL WITH THE ABOVE CLAIM, SINCE THE UNITED NATIONS ADMINISTRATIVE TRIBUNAL IS THE COMPETENT BODY TO HEAR DISPUTES RELATING TO BENEFITS PAYABLE BY THE UNITED NATIONS JOINT STAFF PENSION FUND."
Keywords:
competence of tribunal; complainant; disability benefit; remand; request; unat; unjspf;
CONSIDERATION 9
Extract:
"IT APPEARS FROM THE ORGANIZATION'S STATEMENTS, AS REASONABLY INTERPRETED, THAT THE COMPLAINANT IS ENTIRELY EXEMPTED FROM THE EXPENSES OF THE MEDICAL BOARD IF THE RATE OF INCAPACITY ORIGINALLY FIXED IS CHANGED, IT BEING IRRELEVANT WHETHER SUCH A CHANGE RESULTS FROM THE INDEPENDENT DECISION OF THE DIRECTOR-GENERAL OR IS ORDERED BY THE TRIBUNAL. IT FOLLOWS THAT AS THE COMPLAINANT'S CLAIMS HAVE BEEN PARTLY RECOGNISED BY THE TRIBUNAL HIS CLAIM FOR THE REIMBURSEMENT OF THE SHARE OF EXPENSES ATTRIBUTED TO HIM IS WELL FOUNDED."
Keywords:
cost of expert inquiry; refund; right;
CONSIDERATION 3
Extract:
"THE MEDICAL BOARD DID NOT FIND THAT THE COMPLAINANT WAS PERMANENTLY INCAPACITATED FOR WORK AND DID NOT RULE OUT THE POSSIBILITY THAT HE MIGHT BE ABLE TO RESUME SOME KIND OF WORK IN THE FUTURE. IN THESE CIRCUMSTANCES THE ORGANIZATION MUST RETAIN THE RIGHT TO REVIEW THE COMPLAINANT'S CASE FROM TIME TO TIME AND TO ADJUST THE COMPENSATION DUE TO HIM IN THE LIGHT OF ANY CHANGES."
Keywords:
disability benefit; incapacity; medical examination; organisation; right;
CONSIDERATION 1
Extract:
THE EXPERTS FOUND THAT "THE COMPLAINANT WAS WHOLLY INCAPABLE OF EXERCISING THE PROFESSION OF ENGINEER FOR WHICH HE HAD BEEN TRAINED AND WHICH HE HAD CARRIED ON FOR A NUMBER OF YEARS ... [NEITHER PARTY CLAIMS THAT] COMPLAINANT WOULD BE ABLE TO ENGAGE EVEN PARTIALLY IN ANY ACTIVITIES COMPARABLE TO THOSE OF AN ENGINEER. IN THESE CIRCUMSTANCES THE COMPLAINANT MUST BE REGARDED AS TOTALLY INCAPACITATED FOR WORK WITHIN THE MEANING OF THE APPLICABLE PROVISIONS."
Keywords:
expert inquiry; incapacity; medical examination; medical fitness;
CONSIDERATION 5
Extract:
"THE COMPENSATION ANNUITY AWARDED TO THE COMPLAINANT FOR TOTAL INCAPACITY FOR WORK COVERS ALL DAMAGE TO HIS HEALTH. THERE CAN THEREFORE BE NO QUESTION OF AWARDING HIM ADDITIONAL COMPENSATION FOR THE LOSS OF ANY PARTICULAR FACULTY OR ORGAN."
Keywords:
disability benefit; incapacity; purpose;
Judgment 146
23rd session, 1970
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATIONS
Extract:
AFTER THE COMPLAINT WAS LODGED WITH THE TRIBUNAL, THE DIRECTOR-GENERAL REVERSED HIS DECISION TO TERMINATE THE COMPLAINANT'S APPOINTMENT AND TRANSFERRED HIM TO HEADQUARTERS UNTIL THE DATE OF EXPIRY OF HIS CONTRACT. "BY THIS DECISION THE DIRECTOR-GENERAL OVER-RULED THE IMPUGNED DECISION TO TERMINATE [HIS] APPOINTMENT." THE COMPLAINANT HAS THEREFORE LOST HIS CAUSE OF ACTION AND THE TRIBUNAL NEED NOT ENTERTAIN IT.
Keywords:
case pending; cause of action; contract; fixed-term; no cause of action; settlement out of court; termination; transfer;
Judgment 142
22nd session, 1969
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 2
Extract:
THE COMPLAINANT WAS RELIEVED OF HIS DUTIES AS DEPUTY DIRECTOR OF A DIVISION AND WAS TRANSFERRED. "THE EVIDENCE SHOWS THAT THIS DECISION WAS MOTIVATED BY DIFFERENCES OF OPINION BETWEEN THE COMPLAINANT AND HIS SUPERIORS AND BY HIS CIRCULATION WITHIN THE TWO ORGANISATIONS OF HIS CRITICISMS OF THEIR ACTIVITIES. THIS MOTIVE, WHOSE FALSITY IS NOT PROVED, WAS SUCH AS TO FURNISH LEGAL GROUNDS FOR THE DECISION MADE UNDER" THE APPLICABLE PROVISION.
Keywords:
assignment; supervisor; transfer; working relations;
Judgment 141
22nd session, 1969
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
INTERLOCUTORY ORDER
Extract:
"THE INFORMATION AT PRESENT AVAILABLE DOES NOT ENABLE THE TRIBUNAL TO ASSESS, WITH FULL KNOWLEDGE OF THE FACTS, THE DEGREE OF INVALIDITY FROM WHICH [THE COMPLAINANT] IS AT PRESENT SUFFERING, NOR THE EXTENT TO WHICH THAT DEGREE OF INVALIDITY IS ATTRIBUTABLE TO THE ACCIDENT WHICH HE SUFFERED IN THE COURSE OF DUTY... IN THESE CIRCUMSTANCES, AND FOLLOWING MOREOVER, THE COMPLAINANT'S ARGUMENTS AND IN VIEW OF THE REQUEST MADE BY THE ORGANIZATION, AN EXAMINATION SHOULD BE CARRIED OUT..."
Keywords:
accident; cause; expert inquiry; further submissions; inquiry; invalidity; medical examination; rate;
INTERLOCUTORY ORDER
Extract:
THE TRIBUNAL ORDERS A MEDICAL EXAMINATION. "THE ORGANIZATION SHALL ADVANCE THE COST OF THE EXPERT EXAMINATION AND [THE COMPLAINANT'S] EXPENSES IN SUBMITTING HIMSELF FOR THE EXAMINATION. THE AMOUNT OF THESE ADVANCES SHALL BE DETERMINED BY ORDER OF THE VICE-PRESIDENT OF THE TRIBUNAL."
Keywords:
cost of expert inquiry; expert inquiry; interlocutory order; medical examination; order;
Judgment 140
22nd session, 1969
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 3
Extract:
THE COMPLAINANT'S SERVICES WERE TERMINATED AT THE END OF THE PROBATIONARY PERIOD. HE ALLEGES THAT THE DIRECTOR-GENERAL BASED HIS DECISION ON INFORMATION RECEIVED DIRECTLY OR INDIRECTLY FROM HIS SUPERIOR, WHOM HE ACCUSES OF BIAS. "CONSEQUENTLY THE QUESTION AT ISSUE IS WHETHER THE DIRECTOR-GENERAL MISINTERPRETED THE FACTS OR DREW FALSE CONCLUSIONS FROM THEM."
Keywords:
bias; mistaken conclusion; probation; supervisor; termination;
CONSIDERATION 2
Extract:
UNDER THE APPLICABLE PROVISION, "A STAFF MEMBER MAY BE SEPARATED DURING OR AT THE END OF HIS PROBATIONARY PERIOD IF IT IS CLEAR THAT AFTER A FAIR TRIAL HE DOES NOT PERFORM SATISFACTORILY THE DUTIES OF THE POST TO WHICH HE IS ASSIGNED. THE DECISIONS TAKEN UNDER THIS PROVISION LIE WITHIN THE DIRECTOR-GENERAL'S DISCRETION."
Keywords:
discretion; probation; termination; work appraisal;
Judgment 139
22nd session, 1969
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 1
Extract:
"...IF THE DIRECTOR-GENERAL SUPPRESSES A POST AND THEN RE-ESTABLISHES IT SOON AFTER, THERE IS REASON TO SUPPOSE THAT HE WAS GUIDED BY REASONS OTHER THAN THE EFFICIENCY OF THE ADMINISTRATION, THAT IS TO SAY THAT HE HAS ABUSED HIS DISCRETIONARY POWERS."
Keywords:
abolition of post; misuse of authority;
CONSIDERATION 3
Extract:
UNDER THE STAFF RULES, THE DIRECTOR-GENERAL MUST ENDEAVOUR TO FIND ANOTHER POST FOR AN OFFICIAL WHOSE POST HAS BEEN ABOLISHED. "...THE OFFICIAL WHO HAS WORKED FOR MANY YEARS FOR THE ORGANIZATION TO ITS FULL SATISFACTION IS ABSOLUTELY ENTITLED TO FILL A POST SUITABLE TO HIS ABILITIES AND GRADE IN PREFERENCE TO ANY OTHER CANDIDATE."
Keywords:
abolition of post; contract; organisation's duties; permanent; priority; reassignment; termination;
CONSIDERATION 2
Extract:
"THE ... FACTS SHOW THAT THE COMPLAINANT'S DIFFERENCES WITH HIS CHIEFS WERE THE ROOT CAUSE OF THE SUPPRESSION OF HIS POST. SUCH A MEASURE MIGHT NEVER HAVE BEEN EVEN CONSIDERED IF THE COMPLAINANT'S CONDUCT HAD ALWAYS BEEN ABOVE CRITICISM. IT DOES NOT, HOWEVER, FOLLOW THAT THIS IS A CASE OF ABUSE OF DISCRETIONARY POWER. ... IN THE CASE AT ISSUE THE SUPPRESSION OF POST WAS BASED ON TWO GROUNDS, ONE RELATED TO THE PERSON OF THE COMPLAINANT, AND THE OTHER TO THE INTERESTS OF THE SERVICE. ... THIS SECOND GROUND IS SUFFICIENT TO JUSTIFY THE DECISION TAKEN IN THE CIRCUMSTANCES OF THE CASE."
Keywords:
abolition of post; conduct; organisation's interest; working relations;
CONSIDERATION 1
Extract:
"...THE DESIRE TO TERMINATE THE CONTRACT OF AN UNSATISFACTORY STAFF MEMBER IS NOT IN ITSELF A GROUND FOR SUPPRESSING HIS POST; THAT WOULD MEAN DEPRIVING THE STAFF MEMBER CONCERNED OF THE LEGAL REMEDIES TO WHICH HE IS ENTITLED, OR AT LEAST, BY DISGUISING THE TRUE REASONS FOR HIS TERMINATION, WOULD MAKE IT DIFFICULT FOR HIM TO DEFEND HIS INTERESTS. IF, HOWEVER, THE RESULT OF A SUPPRESSION OF POST IS TO EFFECT A PERMANENT SAVING, IT IS NOT IRREGULAR SIMPLY BECAUSE IT ALSO HAS THE EFFECT OF REMOVING AN OFFICIAL."
Keywords:
abolition of post; budgetary reasons; conduct; grounds;
CONSIDERATION 1
Extract:
"THE DECISION TO SUPPRESS A POST LIES WITHIN THE DIRECTOR-GENERAL'S DISCRETION. ... IN ORDER TO MEET THE OBJECTION OF ABUSE OF AUTHORITY, THE DECISION MUST BE JUSTIFIED IN THE INTERESTS OF THE SERVICE. CONSEQUENTLY IT MUST HAVE THE LASTING EFFECT OF REDUCING THE SIZE OF THE STAFF, THAT IS TO SAY THE EXPENSES OF THE ORGANIZATION. IT IS NOT NECESSARY, HOWEVER, THAT THE DUTIES OF THE PERSON HOLDING THE POST SHOULD BE ABOLISHED. THEY CAN BE ASSIGNED TO OTHER STAFF MEMBERS ... ON CONDITION THAT THIS IS NOT MERELY A PROVISIONAL MEASURE."
Keywords:
abolition of post; budgetary reasons; misuse of authority; organisation's interest; staff reduction;
Judgment 138
22nd session, 1969
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATIONS
Extract:
"THE AUTHORITY IN THIS CASE HAS REFUSED TO LOOK INTO THE FACTS OF [THE COMPLAINANT'S] CASE BECAUSE OF THE SELF-IMPOSED RULE ON ITSELF THAT THE MAINTENANCE OF TWO HOUSEHOLDS CAN UNDER NO CIRCUMSTANCES ENTITLE AN EXPATRIATE EMPLOYEE TO AN EDUCATIONAL GRANT. THIS IN THE JUDGMENT OF THE TRIBUNAL WAS AN ERROR OF LAW WHICH ENTAILED THE NON-EXERCISE OF A DISCRETION."
Keywords:
allowance; case sent back to organisation; decision quashed; education expenses; flaw; marital status; mistake of law; parents separated; refusal;
CONSIDERATIONS
Extract:
"CIRCUMSTANCES COULD BE ENVISAGED IN WHICH SIGNIFICANT ADDITIONAL EXPENSES HAVE BEEN INCURRED SOLELY FOR THE EDUCATION OF THE CHILDREN IN THE HOME COUNTRY WHEN A HOUSEHOLD IS MAINTAINED IN THAT COUNTRY FOR THE SCHOOL-GOING CHILDREN. IN INTERNATIONAL ORGANISATIONS WHERE MULTICULTURAL AND MULTILINGUAL EMPLOYEES ARE GATHERED FROM VARIOUS PARTS OF THE WORLD THE POSSIBILITY OF SUCH A SITUATION SHOULD BE EXPECTED. THE DIRECTOR-GENERAL COULD NOT THEREFORE DISMISS COMPLAINANT'S REQUEST ON PRINCIPLE BUT SHOULD ... TAKING INTO ACCOUNT ALL THE CIRCUMSTANCES OF THE CASE HAVE EXERCISED HIS DISCRETION..."
Keywords:
allowance; education expenses; parents separated; place of origin; residence;
Judgment 136
22nd session, 1969
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
CONSIDERATION 4
Extract:
IF THE ORGANIZATION DOES NOT RENEW THE APPOINTMENT, IT SHALL PAY COMPLAINANT SUCH COMPENSATION AS IS EQUITABLE. IF THE SUMS OFFERED TO THE COMPLAINANT "ARE NOT SUCH AS HE CONSIDERS EQUITABLE, HE MAY SUBMIT A CLAIM IN RESPECT THEREOF TO THE TRIBUNAL, GIVING ALL THE INFORMATION NECESSARY TO ITS ASSESSMENT AND STATING IN PARTICULAR : A) THE AMOUNT OF HIS REMUNERATION WHEN EMPLOYED BY THE ORGANIZATION; AND B) THE NATURE AND PERIODS OF ANY EMPLOYMENT OBTAINED BY HIM SINCE [HE LEFT THE ORGANIZATION] AND THE AMOUNTS EARNED THEREBY."
Keywords:
amount; case sent back to organisation; complaint allowed; contract; criteria; damages; decision quashed; fixed-term; non-renewal; reinstatement; subsidiary; suspension;
CONSIDERATION 3
Extract:
THE COMPLAINANT WAS SUSPENDED FROM HIS DUTIES ON THE GROUND THAT HE ALLEGEDLY MISUSED OFFICE FACILITIES TO SPREAD UNFOUNDED ALLEGATIONS. "THIS SUSPENSION DOES NOT FALL WITHIN ANY OF THE CASES [COVERED BY THE STAFF REGULATIONS] AND, IN THE PARTICULAR CIRCUMSTANCES OF THE CASE, IS IN FACT A DISCIPLINARY MEASURE. THE ORGANIZATION HAS THEREFORE COMMITTED A BREACH OF CONTRACT BY SUSPENDING [THE] COMPLAINANT OTHERWISE THAN IN ACCORDANCE WITH THE STAFF REGULATIONS..."
Keywords:
breach; disciplinary measure; disciplinary procedure; duty of discretion; hidden disciplinary measure; misconduct; provision; staff regulations and rules; suspension;
CONSIDERATION 2
Extract:
THE COMPLAINANT MADE ACCUSATIONS WHICH LED TO AN INQUIRY. WHEN THE DECISION NOT TO RENEW HIS CONTRACT WAS TAKEN, THE RESULTS OF THE INQUIRY WERE NOT YET KNOWN. THE ACCUSER WAS JUDGED BEFORE THE ACCUSATIONS THEMSELVES. THE DECISION IS TAINTED BY ERROR AND MUST BE RESCINDED; "THE ORGANIZATION MUST EITHER RENEW THE CONTRACT ON EQUITABLE TERMS OR PAY TO THE COMPLAINANT SUCH COMPENSATION AS IS EQUITABLE..."
Keywords:
complainant; contract; fixed-term; flaw; inquiry; misconduct; non-renewal; organisation's duties;
CONSIDERATION 3
Extract:
THE SUSPENSION OF THE COMPLAINANT WAS FOLLOWED BY AN IMPROPER DECISION NOT TO RENEW HIS CONTRACT. HAVING RECEIVED HIS FULL SALARY, THE COMPLAINANT "HAS SUFFERED NO MATERIAL DAMAGE, BUT HE HAS SUFFERED MORAL DAMAGE. HE IS ENTITLED TO EQUITABLE COMPENSATION FOR THE DISTRESS CAUSED BY THE MANNER OF HIS TREATMENT AND FOR THE INJURY DONE THEREBY TO HIS REPUTATION AND TO HIS PROSPECTS OF OBTAINING OTHER EMPLOYMENT. THE ORGANIZATION MUST THEREFORE PAY TO THE COMPLAINANT EQUITABLE COMPENSATION IN RESPECT OF THE ILLEGALITY OF HIS SUSPENSION FROM DUTY..."
Keywords:
complaint allowed; contract; decision quashed; fixed-term; flaw; injury; moral injury; non-renewal; professional injury; suspension;
CONSIDERATION 2
Extract:
"THE ORGANIZATION SEEKS TO JUSTIFY THE DECISION [NOT TO RENEW CONTRACT] ON THE GROUND THAT THE COMPLAINANT, BY MAKING GRAVE ACCUSATIONS AGAINST A COLLEAGUE, HAD CREATED A SITUATION WHICH MADE THE SMOOTH WORKING OF THE [REGIONAL OFFICE] IMPOSSIBLE... THE ERROR WHICH THE DIRECTOR-GENERAL MADE - AN ERROR WHICH IN THE OPINION OF THE TRIBUNAL VITIATES HIS DECISION NOT TO RENEW THE COMPLAINANT'S CONTRACT - IS THAT HE JUDGED AND CONDEMNED THE ACCUSER BEFORE THE ACCUSATIONS HAD THEMSELVES BEEN JUDGED..."
Keywords:
contract; fixed-term; flaw; non-renewal; working relations;
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