Judgment No. 2080

• Organization: Organisation for the Prohibition of Chemical Weapons (OPCW)
• Date: 30.01.2002
• Original: English
• Judges: Gentot, Carroll, Romero
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Considerations 14-15

Extract:

"The Director-General, in exercise of his discretionary authority and taking into account the overall interests of the organisation, decided that the [complainant's] post [...] should be redefined and that [his] contract should not be renewed. The Tribunal accepts that the organisation was entitled to adapt to changes and to modify the job description for the given post in view of the organisation's future needs."

Keywords

decision; organisation; amendment to the rules; post description; contract; post held by the complainant; reorganisation; non-renewal of contract; discretion; executive head; organisation's interest; right

Consideration 16

Extract:

The complainant's contract was not renewed upon expiry. "Interim Staff Rule 4.4.02(b) provides that separation as a result of the expiration of an appointment shall not be regarded as a termination [...] Rule 9.1.01(b) defines termination [...] as any separation initiated by the Director-General, other than the expiration of a contract. Therefore, the question of any termination indemnity payable to the complainant does not arise."

Reference(s)

Organization rules reference: OPCW INTERIM STAFF RULE 4.4.02(B), OPCW INTERIM STAFF RULE 9.1.01(B)

Keywords

decision; staff regulations and rules; provision; contract; terminal entitlements; separation from service; non-renewal of contract; termination of employment; executive head; consequence; definition; difference; official