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Judgment No. 1038



Consideration 5


The complainant, who is challenging the non-renewal of his contract, is concerned that the Director-General's decision may have been prompted by unsubstantiated charges. He alleges breach of his right to a hearing. "The plea is unsound because there was no element of disciplinary sanction in that decision [...] The Director-General made a value judgement which did not require entering into a dialogue with him. There is no reason to hold that the Director-General was not genuine in his evaluation of the complainant's suitability for the post of administrator or that his decision was based on any mistake of fact."


right to reply; organisation's duties; contract; fixed-term; non-renewal of contract

Consideration 4


"The Director-General took his decision [not to renew the complainant's contract] in the exercise of his discretionary authority. Even though colleagues of the complainant's thought him suitable and recommended extending his appointment, the decision was not theirs to make."


competence; work appraisal; contract; qualifications; fixed-term; non-renewal of contract; discretion; executive head

Dernière mise à jour: 05.03.2020 ^ haut