Judgment No. 312
Decision
THE COMPLAINT IS DISMISSED.
Considerations
Extract:
The Director "did not act unlawfully in abolishing the Spanish-language post held by the complainant, [...] creating a new English-language post and preserving a French-language post. He made an appraisal of fact which, on these points, must prevail."
Keywords
abolition of post; reorganisation; discretion; organisation's interest
Considerations
Extract:
"[T]he allegedly misleading advice given to the Director-General about the complainant's abilities and qualifications can have played no part in the impugned decision, which was taken for budgetary reasons cogently explained by the organisation in the course of the proceedings."
Keywords
grounds; abolition of post; budgetary reasons
Considerations
Extract:
"In the circumstances, the Appeals Committee's finding that [the complainant] was [...] wholly commendable and that her retention in employment would have served the [organization's] interests was no reason for the Director-General, who bears sole responsibility for the smooth running of the organization, not to exercise his authority and, on the expiry of the complainant's appointment, either refuse her a new appointment [...] or conclude a new contract with her or with [someone with different qualifications]."
Keywords
satisfactory service; contract; fixed-term; abolition of post; non-renewal of contract; discretion
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