Judgment No. 415
Decision
The decision of the Director-General of 20 December 1978 is quashed and it is ordered
1. that the complainant should be paid 8,000 Swiss francs as compensation with interest thereon at 15 per cent from 1 January 1978 until payment; and
2. 2,000 Swiss francs in reimbursement of costs.
Consideration 6
Extract:
It is not open to the Director-General to substitute another preference for that expressed in the Staff Regulations for "persons already in the service [...] to do so is beyond his lawful powers. [...] The Regional Director in deciding not to extend the complainant's contract on the ground that her post was abolished, failed to take into consideration the other posts that were or should have been open to her and for which she should have been given preference."
Keywords
organisation's duties; contract; fixed-term; abolition of post; reassignment; priority; non-renewal of contract
Consideration 5
Extract:
The complainant's post was abolished and she was not offered two vacant posts. The Tribunal draws the inference "that the continuation of her own work was not offered to the complainant (who would have accepted it, although at a lower grade) with the consequent renewal of her contract, because a decision had already been taken not to extend her contract on the grounds of her nationality."
Keywords
grounds; nationality; contract; fixed-term; abolition of post; non-renewal of contract
Consideration 7
Extract:
The complainant's post was abolished and her contract was not renewed. The Staff Regulations stipulate that preference should be given to "persons already in the service" but the complainant was denied the benefit of such preference. "She has not been deprived of any contractual rights to salary or pension, but only of expectation of further employment. The Tribunal considers that the appropriate award of compensation is 8,000 Swiss francs."
Keywords
amount; damages; organisation's duties; legitimate expectation; contract; fixed-term; abolition of post; reassignment; priority; non-renewal of contract
Consideration 2
Extract:
"If [...] the post is being abolished, it does not necessarily mean that the contract can be terminated without any further consideration. The Director-General must still consider whether there is any other work which the official can usefully do and which it is in the interests of the organisation that he should do."
Keywords
organisation's duties; abolition of post; reassignment; organisation's interest
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