Judgment No. 3858
The complaint is dismissed.
The complainant challenges the decision to terminate her appointment.
termination of employment; complaint dismissed
The complainant’s arguments in her brief are detailed though discursive. They traverse some matters which are beyond the competence of the Tribunal which include, in particular, arguments in support of her request that the Tribunal make an order and recommend investigations into the conduct of certain individuals said to have engaged in corrupt conduct. However the Tribunal has endeavoured to glean, from the complainant’s pleas, her arguments that are relevant to the question of whether the impugned decision was tainted by error that might warrant orders of the Tribunal in the complainant’s favour.
[T]he Tribunal’s jurisprudence requires that when the ultimate decision-maker rejects, as she or he is entitled to, the conclusions and recommendations of an internal appeal body, the decision-maker is obliged to provide adequate reasons for doing so (see, for example, Judgments 3312, consideration 6, and 3208, consideration 11, and the judgments cited therein).
Jugement(s) TAOIT: 3208, 3312
The Tribunal has accepted that the question of what is in the best interest of an organisation is a matter peculiarly within the knowledge and competence of the executive head (see Judgment 2377, consideration 5). The Tribunal’s jurisprudence, as discussed in that judgment, is that the Tribunal will normally defer to the view of the executive head and will only intervene if it is shown that the executive head acted without authority or in breach of a rule of form or procedure, or if a decision was based on a mistake of fact or of law, or if some essential fact was overlooked, or if clearly mistaken conclusions were drawn from the facts or if there was abuse of authority.
Jugement(s) TAOIT: 2377
competence of tribunal; discretion; organisation's interest
[T]he report, findings and conclusions of the Appeals Board should be treated with considerable deference.
internal appeals body; deference