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Judgment No. 946

Decision

1. THE DIRECTOR-GENERAL'S DECISION OF 6 OCTOBER 1987 IS SET ASIDE.
2. THE ORGANIZATION SHALL PAY THE COMPLAINANT IN MATERIAL DAMAGES THE EQUIVALENT OF SIX MONTHS' FULL PAY AT GRADE P.4 AT THE RATE APPLICABLE AT THE DATE OF HIS SEPARATION.
3. IT SHALL PAY HIM 3,000 UNITED STATES DOLLARS IN COSTS.

Consideration 10

Extract:

"Since the complainant had served UNESCO for only four years and the renewal he might have expected would not have been for more than two years, the Tribunal sets the amount at the equivalent of six months' full pay at grade P.4 at the rate applicable at the date of his separation."

Keywords

damages; contract; fixed-term; non-renewal of contract

Consideration 9

Extract:

"The need for savings affords no proper excuse for breach of the principles that protect the staff against arbitrary decision-making."

Keywords

contract; fixed-term; abolition of post; budgetary reasons; non-renewal of contract; discretion; limits

Consideration 8

Extract:

"Since the Director-General relied solely, in taking his final decision, on a recommendation that is tainted with mistakes of [fact], his decision too is flawed with the same mistakes."

Keywords

decision; internal appeals body; recommendation; flaw; mistake of fact; consequence

Consideration 11

Extract:

"There is no award of moral damages. Since the organization was applying a policy of staff retrenchment required by financial constraints, the non-renewal cannot be deemed to have harmed the complainant's professional reputation. Nor indeed does he offer any evidence of moral injury."

Keywords

moral injury; professional injury; evidence; lack of evidence; contract; fixed-term; abolition of post; non-renewal of contract

Consideration 7

Extract:

"The organization [is] in breach of the duty of consideration it owes its staff, of the principle of good faith and of the rule that the staff member has a right to be kept informed of any action that may affect his rights or legitimate interests."

Keywords

good faith; organisation's duties; duty to inform; contract; fixed-term; non-renewal of contract

Consideration 6

Extract:

"As a rule the reasons for any administrative decision must be stated. Non-renewal is plainly a decision of great consequence to a staff member and, though the Director-General is free to make his own assessment of the material facts, the staff member is entitled to know the reasons for the Director-General's conclusion so that he may, if he chooses, lodge first an internal appeal and then, if need be, a complaint with the Tribunal."

Keywords

decision; duty to substantiate decision; contract; fixed-term; non-renewal of contract; discretion

Considerations 4-6

Extract:

"In this case the decision not to renew the complainant's appointment was tainted with several fatal flaws. First, the decision was not taken by the competent authority. [...] What was even more serious was the failure to inform the complainant of the reasons for the decision."

Keywords

duty to substantiate decision; grounds; competence; right to reply; contract; fixed-term; non-renewal of contract; decision-maker; flaw



 
Last updated: 01.09.2020 ^ top