Judgment No. 2377
The complaint is dismissed.
The complainant contests the decision not to extend his fixed-term appointment beyond the statutory retirement age. Provisional Staff Regulation 4.05 "makes it clear that the decision whether or not to grant an extension to any particular staff member is peculiarly a matter for the exercise of the Director General's discretion. The Tribunal will only interfere with such exercise on very limited grounds, none of which has been established by the complainant. The fact that such extensions may have been granted to a number of other staff members is simply irrelevant in the circumstances. No one has a right to be retained beyond the applicable normal retirement age, which in the complainant's case was 60."
Organization rules reference: AIEA Provisional Staff Regulation 4.05
grounds; competence of tribunal; burden of proof; lack of evidence; equal treatment; staff regulations and rules; contract; retirement; age limit; discretion; executive head; limits; difference; refusal; right; extension beyond retirement age