Judgment No. 3765
The complaint is dismissed.
The complainant challenges the decision not to extend his appointment beyond the statutory retirement age.
retirement; age limit; complaint dismissed
According to well-settled case law, a decision to extend an appointment beyond the statutory retirement age is an exceptional measure over which the executive head of an organisation exercises a wide power of discretion. This measure is therefore subject to only limited review by the Tribunal. The latter will interfere with such a decision only if it was taken without authority, if a rule of form or procedure was breached, if it was based on a mistake of fact or of law, if an essential fact was overlooked, if a clearly mistaken conclusion was drawn from the facts, or if there was abuse of authority (see, for example, Judgments 1143, under 3, and 3285, under 10).
Jugement(s) TAOIT: 1143, 3285
retirement; age limit