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Judgment No. 1405

Decision

THE COMPLAINT IS DISMISSED.

Consideration 3

Extract:

The complainant was charged with unsuitability for the international civil service and the Organization decided not to renew his appointment. "The WHO's reasons for not renewing his appointment might have warranted disciplinary proceedings [...]. Though in no way bound to take disciplinary action against him, it was of course free to take into account any evidence of behaviour that led it to believe - as it does - that he was unfit for international service."

Keywords

grounds; contract; non-renewal of contract; staff member's duties; conduct; fitness for international civil service; disciplinary procedure; organisation's interest

Consideration 4

Extract:

"Precedent acknowledges an organisation's wide discretion in renewing a fixed-term appointment and its right to refuse renewal for reasons that include misconduct and unsatisfactory performance".

Keywords

case law; contract; fixed-term; non-renewal of contract; misconduct; unsatisfactory service; discretion

Consideration 6

Extract:

"Since disciplinary proceedings are irrelevant to non-renewal of a fixed term appointment, the complainant may not properly allege hidden disciplinary action."

Keywords

contract; fixed-term; non-renewal of contract; disciplinary measure; disciplinary procedure; hidden disciplinary measure

Consideration 6

Extract:

"Disciplinary proceedings, and the safeguards they afford, are relevant in the event of misconduct warranting disciplinary action while an official is under contract, and one possible sanction is termination of the appointment, whatever its duration may be. Disciplinary proceedings do not apply in the event of due expiry of a fixed-term appointment, when the issue is whether in the light ofpast performance the contract should be renewed. An organisation must be allowed full freedom to decide the issue without having to go through the disciplinary procedure."

Keywords

contract; fixed-term; non-renewal of contract; misconduct; disciplinary measure; disciplinary procedure; discretion; organisation's interest; consequence; safeguard



 
Last updated: 06.11.2017 ^ top