Persona non grata (504,-666)

You searched for:
Keywords: Persona non grata
Total judgments found: 5

• Judgment 901

  
  64th Session, 1988
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 7

  Extract:

  The complainant was on mission when he was terminated as persona non grata. "There was no objective report on this case. [...] All this makes it plain that summary termination under 11.4 [of the Staff Regulations] was in breach of the complainant's right of reply and cannot stand."

  Reference(s)

  Organization rules reference: ARTICLE 11.4 OF THE ILO STAFF REGULATIONS
  
  

  Keywords:

  contract; field; fixed-term; flaw; persona non grata; procedural flaw; project personnel; right to reply; termination of employment;
  

  Consideration 7

  Extract:

  "When an international official on mission shows professional shortcomings or fails in his duty of 'reserve' the government may of course ask the organisation to withdraw him. But termination is not the inevitable outcome. For one thing, so long as the contract is in force the Director-General does not have discretionary authority; for another, he may discuss the matter with the government [...] In any case even when the organisation acquiesces it need not terminate the appointment on that account."

  Keywords:

  consequence; discretion; duty of discretion; field; misconduct; organisation's duties; persona non grata; project personnel; termination of employment;
  

  
  
  

• Judgment 260

  
  35th Session, 1975
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  The applicable provision permits termination if the person concerned is unacceptable to the material government or if he is unsuitable for his post. The government did not declare that the person concerned was "persona non grata". A statement by a government official involved in the project was not sufficient; the complainant was not "unsuitable" simply because he was unacceptable to the material government official. The termination of the complainant's contract was unwarranted. The decision is quashed.

  Keywords:

  contract; enforcement; fixed-term; government approval; member state; persona non grata; project personnel; provision; qualifications; staff regulations and rules; termination of employment;
  

  
  
  

• Judgment 195

  
  29th Session, 1972
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Summary

  Extract:

  The complainant's appointment was not renewed because the government concerned did not favour his return to the regional office. There is evidence of strong and unjustifiable prejudice against the complainant. The organization failed in its duty to bring to the attention of the government concerned all relevant matters of the case. The complainant is awarded an indemnity of US $20,000 for moral and material damage.

  Keywords:

  bias; contract; damages; fixed-term; material injury; moral injury; non-renewal of contract; persona non grata;
  

  
  
  

• Judgment 154

  
  23rd Session, 1970
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2(D)

  Extract:

  The complainant's transfer was motivated by the fact that his political views, as interpreted by the national authorities, could have compromised the success of his mission. "The organisation has rightly adopted a consistent policy whereby it avoids keeping on any staff member in any area where he has become a controversial figure, whatever the merits of the controversy may be, since the activities of international organisations can be effective only if their officials are above all suspicion."

  Keywords:

  grounds; organisation's interest; persona non grata; political activity; transfer;
  

  
  
  

• Judgment 122

  
  20th Session, 1968
  Universal Postal Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  On the substance

  Extract:

  The complainant was denied appointment to a permanent post because of objections expressed by a Member State aroused by the complainant's refusal to do his military service. The decision was tainted by an error of law; the organisation did not exercise its discretionary power. The decision is quashed and the case is referred back to the organisation "for a new decision to be taken, with reasons stated, on [the] complainant's request, after consideration of all the relevant circumstances of the case, including [the complainant's] professional qualifications [...] and disregarding the fact [...] that he is a persona non grata to one of the States members."

  Keywords:

  contract; fixed-term; flaw; grounds; member state; military service; non-renewal of contract; permanent appointment; persona non grata; refusal; titularization;