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Judgment No. 1983

Decision

1. THE CHALLENGED DECISION IS SET ASIDE.
2. UNIDO SHALL PAY THE COMPLAINANT COMPENSATION IN AN AMOUNT OF 50,000 FRENCH FRANCS.
3. UNIDO SHALL PAY THE COMPLAINANT 20,000 FRANCS IN COSTS.
4. HER OTHER CLAIMS ARE DISMISSED.

Consideration 4

Extract:

The complainant's contract was not extended. "It is true that the complainant was aware of the organization's intentions, having been informed of them several times, in particular, in a talk with the Director of the [organization's] service in France on 6 November 1997 and by the fax messages of 11 and 20 November 1997. Nevertheless, she was right to wait for official notification of an administrative decision from the competent authorities of [the organization] before challenging the measure. Although the letter of 16 January 1998 signed by the Director of the [organization's] service in France appears to be merely a letter of confirmation, it is the only official administrative decision adversely affecting the complainant. Her letter of 6 February 1998 seeking a review of it was therefore in time."

Keywords

decision; confirmatory decision; receivability of the complaint; cause of action; organisation's duties; duty to inform; staff member's interest; separation from service; non-renewal of contract; notice

Consideration 6

Extract:

"As to the absence of one month's notice, [the organization] rightly points out that the obligation arising from the provisions of the Staff Regulations applies to dismissal and not to non-renewal of a fixed-term appointment. Nonetheless, the case law says that an organisation must always give the reasons for a decision not to renew an appointment and those reasons must be notified to the staff member within a reasonable time."

Keywords

duty to substantiate decision; organisation's duties; staff member's interest; precedence of rules; staff regulations and rules; separation from service; non-renewal of contract; notice



 
Last updated: 18.08.2020 ^ top