Judgment No. 414
Decision
THE COMPLAINT IS DISMISSED.
Consideration 4
Extract:
The organisation experienced financial difficulties and reduced the number of posts. Efforts were made to reassign the complainant, whose contract without limit of time had been replaced by a fixed-term appointment. The "lack of success [of these efforts] does not mean that the [organisation] failed in its obligations. indeed it was only to be expected in the circumstances. [...] There is no evidence to suggest that it appointed staff members less well qualified than he to duties which might have suited him."
Keywords
organisation's duties; amendment to the rules; contract; duration of appointment; fixed-term; permanent appointment; abolition of post; budgetary reasons; reassignment; staff reduction
Consideration 2
Extract:
The complainant had a choice between two solutions: either to go ahead with the internal procedure or to enter into a fixed-term contract. He was able to make his choice freely and was not subject to any pressure. "The most that can be said is that there would have been duress had the [organisation] declared a fictitious abolition of the complainant's appointment without limit of time in order to make him consent to a fixed-term appointment. But it did not do so. The abolition of his permanent post formed part of a real reorganisation and was no mere pretext.
Keywords
waiver of right of appeal; contract; duration of appointment; fixed-term; permanent appointment; abolition of post; acceptance; duress
Consideration 2
Extract:
"Although such a change is not expressly provided for in any text, it is by no means precluded. There is nothing to prevent an official who has left the organisation for some reason or other from being reappointed and it is therefore equally admissible to replace one kind of appointment with another."
Keywords
amendment to the rules; contract; duration of appointment; fixed-term; permanent appointment
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