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Judgment No. 523

Decision

1. THE DECISION OF THE DIRECTOR OF 24 JUNE 1981 TO REJECT THE REMEDY OF COMPENSATION IS QUASHED;
2. THE ORGANIZATION IS ORDERED TO PAY TO THE COMPLAINANT THE SUM OF 40,000 US DOLLARS AS COMPENSATION FOR THE UNLAWFUL TERMINATION OF HIS CONTRACT; AND
3. THE ORGANIZATION MUST ALSO PAY THE COMPLAINANT 6,000 DOLLARS IN COSTS.

Summary

Extract:

The complainant's post having been abolished neither in substance nor in form (but transferred to another duty station), the termination of his contract was unlawful. On the alternative view, the complainant would find himself deprived of the right given to staff members in the general service category under a rule which makes transfer to a new station subject to the staff member's consent. As reinstatement is not an appropriate remedy, the organization must pay the complainant $40,000 as compensation and $6,000 in costs.

Keywords

amendment to the rules; terms of appointment; duty station; transfer; general service category; abolition of post; termination of employment

Consideration 6

Extract:

"The complainant asks [...] for [...] compensation for prejudice caused to his career as an international civil servant; no doubt he could have expected that, but for the reorganisation, his contract in Washington would have been renewed; nevertheless, as things have happened, the reorganisation would have been a good ground for non-renewal."

Keywords

injury; professional injury; career; contract; fixed-term; termination of employment

Consideration 5

Extract:

The Tribunal concludes that post 0155 was not abolished either in substance or in form and accordingly the complainant's contract of appointment was unlawfully terminated. The Tribunal finds it unnecessary to deal in detail with the arguments presented on this issue since it accepts also the complainant's argument that the abolition of post, if in this case it was effected, would be an abuse of power.

Keywords

misuse of authority; abuse of power



 
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