Judgment No. 1526
The complaint is dismissed.
"The Director-General having waived, in accordance with Staff Rule 1240.2, the complainant's obligation to go through the internal appeal procedure, she has exhausted the remedies open to her within the Organization, as Article VII(1) of the Tribunal's Statute required her to do."
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Organization rules reference: WHO STAFF RULE 1240.2
complaint; receivability of the complaint; direct appeal to tribunal; internal appeal; internal remedies exhausted; exception; iloat statute; staff regulations and rules; executive head
"Good faith must govern relations between administration and official [...]. It requires each party to a contract to let the other have beforehand any material information on points that may reasonably be seen as decisive. Whether a post is of limited or unlimited duration need not be a matter of indifference to the candidate since the duration may affect stability of employment. The Tribunal is not satisfied, however, and indeed doubts that the want of information influenced the complainant one way or the other."
organisation's duties; duty to inform; security of tenure; appointment; post; duration of appointment; offer; acceptance
"An organisation owes its staff a general duty of care, and must not cause them undue hardship. A case of non-renewal is no exception. The duty may entail avoidance or reduction of injury that termination may cause [...] at least when it was not a short-term appointment, when the record of service was long, and when the official had reasonable expectations of making a career in the organisation."
injury; moral injury; general principle; organisation's duties; respect for dignity; career; legitimate expectation; contract; duration of appointment; short-term; non-renewal of contract; official