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Judgment No. 956



Consideration 2


"The case law says that when authorised to refuse, without notice or compensation, to renew such an appointment the Director-General has discretion which he exercises subject to an implied requirement of respect for the demands of efficient administration and for the organization's interests. The rule consistently applied is that, short of replacing the Director-General's appraisal of the evidence with its own, the Tribunal will set aside a decision not to renew that was taken without authority [...]".


contract; fixed-term; non-renewal of contract; judicial review; discretion; organisation's interest

Consideration 3


"The Tribunal is satisfied that it was open to the Director-General to come to the view that what the complainant had done [import a firearm] was, to quote the letter of 14 May 1986, 'harmful to the FAO's good name in the host country' and, being behaviour unworthy of an international civil servant, had been contrary to Staff Regulation 301.014.


Organization rules reference: FAO STAFF REGULATION 301.014


contract; fixed-term; non-renewal of contract; misconduct; conduct; fitness for international civil service; organisation's reputation; discretion

Consideration 5


"The complainant has failed to show that by word or deed the organization led him to expect any extension, let alone that it made him a firm promise of one. None of the letters to him extending his appointment may be construed as a promise or commitment".


evidence; lack of evidence; contract; extension of contract; promise

Last updated: 11.03.2020 ^ top