Judgment No. 297
Decision
THE COMPLAINT IS DISMISSED.
Consideration 4
Extract:
"Two conclusions may be drawn from the dossier. First, the complainant has professional and other merits [...]. Secondly, according to his own correspondence his relationship with the chief of his division had deteriorated to the point of precluding co-operation between them. [...] In refusing to renew the complainant's appointment, the Director-General did not draw clearly mistaken conclusions from the dossier."
Keywords
satisfactory service; contract; fixed-term; non-renewal of contract; supervisor; working relations; mistaken conclusion
Consideration 3
Extract:
"In its report the Appeals Committee set out the parties' allegations and commented on them. The Director-General knew of the Committee's report since he expressed his views on it. He was therefore aware of the facts which the complainant alleges were essential, and there is nothing to suggest that he disregarded them."
Keywords
internal appeals body; recommendation; contract; fixed-term; non-renewal of contract; disregard of essential fact
Consideration 1
Extract:
"The impugned decision not to extend the complainant's appointment [...] falls within the Director-General's discretionary authority."
Keywords
contract; fixed-term; non-renewal of contract; judicial review; discretion
Consideration 2
Extract:
"The Tribunal might go as far as to impute an error of law to the Director-General if the impugned decision were tainted with an inconsistency. But it is not so. Contrary to what the complainant suggests, the Director-General apparently accepted the recommendation unreservedly and did not overlook it: indeed he actually explained how he would take account of it."
Keywords
internal appeals body; recommendation; executive head; acceptance
Consideration 2
Extract:
The complainant argues that the Director-General was bound by the Committee's recommendation and in failing to act on it committed an error of law. According to the Staff Regulations, the Committee shall advise the Director-General; "indeed its function is purely advisory. The Tribunal is competent only to find breaches of terms of appointment and of the Staff Regulations. It cannot treat the above regulation as an exception and, passing over the law in force, regard the Appeals Committee's recommendation as mandatory."
Keywords
decision; internal appeals body; advisory body; recommendation; enforcement; executive head; binding character
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