Judgment No. 1312
1. THE DIRECTOR GENERAL'S DECISIONS OF 14 JUNE 1991 AND 5 DECEMBER 1992 ARE SET ASIDE.
2. THE COMPLAINANT IS REFERRED TO THE AGENCY FOR REINSTATEMENT IN HIS CONTRACTUAL RIGHTS PENDING CLARIFICATION OF HIS POSITION.
3. THE AGENCY SHALL PAY HIM 5,000 SWISS FRANCS IN COSTS.
4. HIS OTHER CLAIMS ARE DISMISSED.
See Judgment 1317, consideration 24.
ILOAT Judgment(s): 1317
case law; contract; fixed-term; non-renewal of contract; judicial review; discretion; mistake of fact
The complainant started divorce proceedings and was charged with acting against "law and morals" in his home country and was held there against his will. He was unable to return to his duty station at the end of his home leave and the Agency decided not to renew his appointment. "Circumstances relating to an official's private life - even though they may prompt civil or penal proceedings - are relevant in the area of administration only insofar as they may affect his performance of official duties."
complaint allowed; complaint allowed in part; decision quashed; case sent back to organisation; municipal court; contract; fixed-term; non-renewal of contract; staff member's duties; conduct; fitness for international civil service; outside activity
The complainant was held against his will in his home country and could not return to his duty station at the end of his home leave. He seeks the quashing of the decision not to renew his appointment. Whether or not the Agency was competent to settle the issue which led the authorities of his country to keep him from returning to his duty station, it "had and still has the duty to safeguard its employee's right to work in full independence for his employer".
complaint allowed; complaint allowed in part; decision quashed; case sent back to organisation; independence; organisation's duties; contract; fixed-term; non-renewal of contract; official