Judgment No. 324
Decision
THE COMPLAINT IS DISMISSED.
Consideration 1
Extract:
The Tribunal "cannot tell exactly what [was the nature of the computer operation] the complainant [carried out]. He has not produced any document [...] to shed light on the matter or any precise information on the nature of the charges against him. Since documents and explanations are lacking, the complainant's request for an expert inquiry should be dismissed."
Keywords
complainant; no cause of action; tribunal; disclosure of evidence; expert inquiry; refusal; request by a party
Consideration 2
Extract:
The impugned decision was a refusal to renew the complainant's contract. "That is a decision of a discretionary nature and one which the Tribunal may quash only if [...]."
Keywords
contract; fixed-term; non-renewal of contract; judicial review; discretion
Consideration 3
Extract:
"Use of a computer by an unqualified or unscrupulous person may lead to errors or breaches of confidence. That is why it is important to define exactly the duties of the staff of a body such as the International Computing Centre and require every single employee to show strict respect for the limits of his duties. The complainant was employed as an operator and in exceeding his functions as such failed in a basic duty. In other words, whatever the actual consequences of his conduct may have been, it warranted the decision not to renew his appointment."
Keywords
grounds; contract; fixed-term; non-renewal of contract; misconduct; staff member's duties
Consideration 7
Extract:
"It is [...] immaterial whether the complainant caused his employer any material prejudice. What matters is that he committed a breach of duty which warranted the decision not to renew his appointment."
Keywords
contract; non-renewal of contract; misconduct; staff member's duties; condition; consequence
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