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Judgment No. 354

Decision

The complaint is dismissed.

Consideration 3

Extract:

In deciding whether or not to extend a staff member's appointment the Director-General must take account of all the facts in the file of the person concerned. Where the latter has been subject to a disciplinary sanction, that must be weighed against other facts in the staff member's favour in order to reach a decision in the organisation's interests alone. It is lawful, save in exceptional circumstances, to take into account a disciplinary sanction. To impose a covert disciplinary sanction would be unlawful.

Keywords

contract; fixed-term; non-renewal of contract; disciplinary measure; hidden disciplinary measure; organisation's interest

Consideration 2

Extract:

It appears from the applicable rule "that it is within the Director-General's discretionary authority to decide whether or not to renew a fixed-term appointment. Because that authority is discretionary, [the person concerned] has no right to extension of appointment, and where it is not extended the tribunal's power of review is limited. The Tribunal may interfere with the Director-General's exercise of his discretionary authority only if the decision not to extend [...]."

Keywords

contract; fixed-term; non-renewal of contract; judicial review; discretion

Consideration 3

Extract:

The fact that the original decision became final when it was not challenged within the prescribed time limit does not prevent the Tribunal from examining whether the decision not to extend the appointment "is not really a further disciplinary sanction based on the same facts, and on that account a mistake of law."

Keywords

decision; double jeopardy; misconduct; disciplinary measure

Consideration 3

Extract:

The Director-General's decision, "inasmuch as it was based on appreciations of fact [...] is not subject to review by the Tribunal."

Keywords

contract; fixed-term; non-renewal of contract; judicial review

Consideration 3

Extract:

A "covert disciplinary sanction may constitute an abuse of authority and should be borne out by the documents in the dossier."

Keywords

evidence; disciplinary measure; hidden disciplinary measure; misuse of authority; abuse of power



 
Last updated: 13.09.2021 ^ top