Judgment No. 1610
The complaint is dismissed.
The complainant "objects to breach of her right to be assisted or represented by counsel in the internal appeal proceedings. But she is mistaken. Staff Rule 29.2(d), on the procedure before the Appeals Board, says that 'the appellant may be represented or assisted by any member of the Secretariat'. In refusing the complainant's application the Secretary General was merely applying the rules, and there was no breach of due process since it was still open to her to seek help from a fellow staff member."
Organization rules reference: CCC STAFF RULE 29.2(D)
procedure before the tribunal; internal appeal; due process; staff regulations and rules; enforcement; counsel; official
"In a case of non-renewal the Tribunal will be especially cautious in reviewing any appraisal by a supervisor of the staff member's performance: the supervisor has the technical background and the knowledge of the staff member's work and personality that qualify him better than anyone else to advise the head of the Secretariat on that score. Some appraisals of the complainant's performance are not good." Others are more positive, though not unreservedly. "Though she does produce letters of commendation from several quarters, it is not for the Tribunal to choose between conflicting assessments: it is the executive authority that has discretion to do so."
work appraisal; different appraisals; contract; qualifications; fixed-term; non-renewal of contract; supervisor; judicial review; discretion; executive head; limits
"Career prospects are not something that exist independently. If the refusal of renewal is lawful, so is the ending of the career."
international civil service principles; career; legitimate expectation; contract; fixed-term; separation from service; non-renewal of contract
To be binding in law a practice must be so constant and consistent as to reflect a general rule: see for example Judgment 1080 [...] under 7.
Jugement(s) TAOIT: 1080