Judgment No. 359
1. The impugned decision is quashed.
2. UNESCO shall pay the complainant compensation amounting to the remuneration which he would have received during one year.
3. UNESCO shall pay the complainant's costs, set at 15,000 French francs.
4. The complainant's other claims for relief are dismissed.
The complainant's claims for damages are excessive. Since he had been informed that an extension of his contract gave him one "last chance", "he must have known that his position in [the organization] was precarious. The extensions of his appointment [...] were so short that he should have realised that he stood to lose his employment in a few months' time and that it would therefore be reasonable to look for employment outside [the organization]."
amount; contract; extension of contract; fixed-term; successive contracts; non-renewal of contract; material damages
It is not desirable to allow the complainant's claim for reinstatement. "It does not appear from the dossier that [the organization] could at present make use of his services in any vacant post. [T]he sum of one year's salary will compensate the prejudice for which he is entitled to damages." [17 years' service; non-renewal of appointment resulting from abuse of authority.]
amount; decision quashed; damages; contract; reinstatement; fixed-term; non-renewal of contract
"[I]t appears from the evidence in the dossier that the circumstances in which the complainant's appointment ended amount to an abuse of authority." [no description of post, no detailed comment on his performance, hence either omission of essential facts or clearly mistaken conclusions from the facts, hence quashing of decision.]
organisation's duties; post description; performance report; contract; fixed-term; non-renewal of contract; disregard of essential fact; mistaken conclusion; misuse of authority; omission; abuse of power