Judgment No. 1733
1. The impugned decision is set aside.
2. The complainant is entitled to appointment as from 22 July 1996 to a post for a nuclear safeguards officer at grade P.3 on a fixed-term contract for three years.
3. The Agency shall pay him 35,000 schillings in costs.
The authorities of the complainant's home country, who were asked to give an opinion about giving him a promotion, declined their support for him but gave no reasons. If the country "had given a reason the Director General would have had to consider whether it was sound or not and whether refusing him the appointment was in the Agency's best interests. since it offered none, he had no basis on which to exercise his discretion. The complainant was fully qualified for promotion; his abilities were well known to the Agency and appreciated. The paramount consideration mentioned in Article VII.d [of the IAEA Staff Regulations] was heeded, namely seeking staff of the highest standards of efficiency, technical competence and integrity. The reason stated by the Agency for refusing him the appointment which he would otherwise have been granted is therefore untenable and acting from that reason amounted to a mistake in law."
Organization rules reference: ARTICLE VII.D OF THE IAEA STAFF REGULATIONS
independence; member state; organisation's duties; staff regulations and rules; promotion; qualifications; discretion; organisation's interest
"In the performance of their duties the Director General and staff may not seek or receive instructions from any source external to the Agency. For the Director General to allow a member State a veto on the appointment of a staff member is to 'receive instructions' from an external source and an interference with the paramount consideration of securing staff of the right calibre. Paragraph 68 of the Administrative Manual and the sentence 'accordingly government sponsorship will be required' [...] are null and void as being contrary to [...] the Statute."
Organization rules reference: PARAGRAPH 68 OF THE IAEA MANUAL
independence; member state; organisation's duties; staff regulations and rules; appointment