Judgment No. 1290

• Organization: European Organization for Nuclear Research (CERN)
• Date: 14.07.1993
• Original: French
• Judges: Ruda, Razafindralambo, Carroll
• Full judgment text - Full judgment text (french)

Decision

1. THE COMPLAINT IS DISMISSED INSOFAR AS IT SEEKS THE QUASHING OF THE DECISION OF 27 AUGUST 1992 NOT TO RENEW THE COMPLAINANT'S APPOINTMENT.
2. THE ORGANIZATION SHALL PAY HIM 5,000 SWISS FRANCS IN DAMAGES FOR THE INJURY DUE TO ITS PARTIAL FAILURE TO EXECUTE JUDGMENT 1184.
3. IT SHALL PAY HIM 2,000 SWISS FRANCS TOWARDS COSTS.

Consideration 2

Extract:

See Judgment 1184, consideration 2.

Reference(s)

ILOAT Judgment(s): 1184

Keywords

decision; competence; decision-maker; delegated authority; executive head

Consideration 4

Extract:

"The Director-General enjoys wide discretion in the matter of renewal of a fixed-term appointment and the Tribunal will exercise only a limited power of review. It will, moreover, show special restraint when a decision not to renew rests on appraisal by the staff member's own supervisors: because of their technical qualifications and familiarity with his work and personal attributes they are, after all, best fitted to advise the Director-General."

Reference(s)

ILOAT Judgment(s): 1184

Keywords

work appraisal; contract; fixed-term; non-renewal of contract; supervisor; judicial review; discretion; executive head