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Judgment No. 190

Decision

THE COMPLAINT IS DISMISSED.

Considerations

Extract:

The minutes in question "merely show the organization's wish to find some means of retaining the complainant's services after the expiry of his appointment [...] and the attempts made to that end. They contain no promise either of a further extension or of a new appointment, still less any commitment." The complainant "could not justifiably rely on the [...] assurances [...] given to him by certain officials" in respect of an extension.

Keywords

evidence; lack of evidence; contract; fixed-term; offer; promise; non-renewal of contract

Considerations

Extract:

The complainant "alleges that the Organization did not in fact employ him on the work for which he had been recruited for a period of two years, and was thus gravely at fault; even supposing that the truth of this allegation were established, it would not be such as to vitiate the impugned decision not to renew his contract."

Keywords

organisation's duties; assignment; post description; contract; fixed-term; non-renewal of contract; difference

Considerations

Extract:

"[T]he offer made to the complainant by the organization of a new contract involving appointment to a P.4 post [...] at a salary substantially equivalent to his previous salary did not imply any demotion, entailing as it did the conclusion of a new contract. To avoid incurring the injury for which he has claimed compensation, the complainant could have accepted that offer, which in the circumstances of the case appeared to be a reasonable one."

Keywords

complainant; amendment to the rules; grade; downgrading; contract; fixed-term; offer; salary; non-renewal of contract; refusal

Considerations

Extract:

In transferring the complainant in the course of his appointment, as thus properly extended, to a different service, "the Director-General was simply applying the provisions of [the] Staff Regulation[s] under which he has authority to assign an official in the best interests of the organization".

Keywords

transfer; discretion; organisation's interest



 
Last updated: 17.08.2020 ^ top