Judgment No. 972
1. THE SECRETARY-GENERAL'S DECISION OF 13 JULY 1988 IS QUASHED.
2. THE ORGANIZATION SHALL PAY THE COMPLAINANT THE EQUIVALENT OF TWO YEARS' SALARY AND ALLOWANCES AT THE RATES THAT OBTAINED AT THE DATE OF HIS SEPARATION AS DAMAGES FOR MORAL INJURY.
3. IT SHALL PAY HIM 25,000 SWISS FRANCS AS DAMAGES FOR MATERIAL INJURY.
4. IT SHALL PAY HIM 10,000 SWISS FRANCS AS COSTS.
5. HIS OTHER CLAIMS ARE DISMISSED.
By virtue of Regulation 1.2 of the WMO Staff Regulations and Staff Rules, "as the executive head of the Organization the Secretary-General is under a duty to lay down and enforce rules that are consistent with the broad principles of policy set out in the Staff Regulations for the staffing and administration of the Secretariat and to ensure respect for the fundamental conditions of service and basic rights of staff members set out in the Rules."
Organization rules reference: REGULATION 1.2 WMO STAFF REGULATIONS AND STAFF RULES
organisation's duties; staff regulations and rules; enforcement; terms of appointment
"The decision whether or not to renew or convert is at the Secretary-General's discretion and the Tribunal's case law is that it will interfere only if such a decision was taken without authority".
contract; fixed-term; non-renewal of contract; judicial review; discretion
"The complainant's performance reports all show that he was a highly competent and dedicated officer who did valuable work for the organization, and letters in the dossier support the view that administrations in several countries appreciated the effectiveness of the programme he supervised. There is therefore no question of the non-renewal's being justified by unsatisfactory professional performance on his part."
performance report; satisfactory service; contract; fixed-term; non-renewal of contract
"The Secretary-General not only omitted to give due weight to the complainant's excellent record of service over a period of seven years, but also [...] overlooked essential facts. The five reasons stated are based on mistakes of fact which could have been put right if the Secretary-General had agreed to give him a hearing. In so holding the Tribunal is not interfering in the actual management of the organization. Because of those flaws his decision not to renew the complainant's appointment must be set aside."
grounds; satisfactory service; contract; fixed-term; non-renewal of contract; disregard of essential fact; flaw; mistake of fact
The decision not to renew the complainant's contract is set aside. The Tribunal holds that in the circumstances reinstatement would not be advisable. It orders the organization to pay the complainant the equivalent of two years' salary as damages for material injury, 25,000 Swiss francs for moral injury and 10,000 Swiss francs as costs.
material injury; moral injury; costs; amount; contract; fixed-term; non-renewal of contract; material damages
The Tribunal is satisfied that in the circumstances the complainant's reinstatement would not be advisable. It notes from the Joint Appeals Board's report that the complainant obtained a temporary appointment with the United States University Space Research Association in Geneva from the end of January 1988: doubtless his special skills will not go unnoticed by those who need the services of an expert in data management. The Tribunal will therefore award compensation in place of reinstatement, damages for moral injury, and costs.