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Judgment No. 2669


The complaint is dismissed.

Consideration 8


The Director-General's authority to extend a staff member's service beyond the retirement age is found in Staff Regulation 301.9.5. "This provision makes it clear that a decision to grant an extension of a staff member's contract is within the discretionary authority of the Director-General. It is well established in the case law that the Tribunal will only intervene in these circumstances if it can be shown that the executive head of the organisation acted without authority, breached a rule of form or procedure, or that the decision was based on a mistake of fact or law, or overlooked an essential fact, or that clearly mistaken conclusions were drawn from the facts."


Organization rules reference: FAO Staff Regulation 301.9.5


decision; competence of tribunal; case law; contract; retirement; age limit; discretion; executive head; disregard of essential fact; flaw; procedural flaw; mistake of fact; mistaken conclusion; refusal; extension beyond retirement age

Last updated: 16.06.2020 ^ top