Judgment No. 268
1. The Director-General's decision of 30 January 1975 is quashed.
2. The World Health Organization shall pay the complainant compensation equivalent to twelve months' salary.
3. The Organization shall pay the complainant half a month's salary as costs.
"The decision whether or not to extend a fixed-term appointment on its expiry falls within the discretionary authority of the Regional Director [in the present case] and, on appeal, within that of the Director-General. By reason of its very nature it is subject to only limited review by the Administrative Tribunal. In general the Tribunal will not interfere with that decision unless [...]."
contract; fixed-term; non-renewal of contract; judicial review; discretion
The complainant's appointment was not renewed on the grounds of unsatisfactory performance and poor relations with her supervisor. Her previous supervisors had been consistently satisfied and the record contains no serious criticisms. "[T]he regional administration failed in particular to carry out a thorough and impartial inquiry, which would have been possible shortly after the incidents in question, and merely endorsed the report made by [the supervisor], whose impartiality was in dispute. [...] The decision [...] was not based on the interests of the Office"; the Tribunal will set it aside.
inquiry; performance report; different appraisals; contract; fixed-term; non-renewal of contract; unsatisfactory service; supervisor; working relations; organisation's interest; bias; investigation