Judgment No. 2121

• Organization: Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization (CTBTO PrepCom)
• Date: 15.07.2002
• Original: English
• Judges: Gentot, Hugessen, Romero
• Full judgment text - Full judgment text (french)

Decision

1. THE IMPUGNED DECISION IS SET ASIDE.
2. THE COMMISSION SHALL PAY TO THE COMPLAINANT ALL SALARIES AND OTHER FINANCIAL BENEFITS TO WHICH SHE WOULD HAVE BEEN ENTITLED HAD SHE BEEN REAPPOINTED FOR A PERIOD OF TWENTY-FOUR MONTHS FROM 4 JUNE 2000, LESS ANY NET SUMS RECEIVED BY HER FROM OTHER EMPLOYMENT DURING THAT TIME.
3. IT SHALL PAY HER 1,000 EUROS FOR MORAL DAMAGES.
4. IT SHALL ALSO PAY HER 500 EUROS IN COSTS.

Considerations 9 and 14

Extract:

The recommendation of the Personnel Advisory Panel not to renew the complainant's contract was followed. She submits that "at no time was she given a reason for the decision not to renew her appointment. The failure to cite a reason runs counter to principles embodied in a series of Tribunal judgments [...] to state that another body has recommended against renewal, without stating why, is not enough to satisfy the Tribunal that a reason for such non-renewal was given."

Keywords

duty to substantiate decision; grounds; complainant; advisory body; recommendation; iloat; evidence; case law; general principle; contract; non-renewal of contract; acceptance