Judgment No. 2104
Decision
1. THE CONTESTED DECISIONS ARE SET ASIDE.
2. THE UNION SHALL PAY THE COMPLAINANT AN AMOUNT EQUAL TO TWO MONTHS' SALARY IN MATERIAL AND MORAL DAMAGES, IN ACCORDANCE WITH WHAT IS SAID UNDER 10.
3. IT SHALL PAY HIM 6,000 SWISS FRANCS IN COSTS.
4. HIS OTHER CLAIMS ARE DISMISSED.
Consideration 6
Extract:
An international organization has a "duty to warn the [staff member] about the non-renewal [of his contract] long enough in advance to enable him to exercise his rights and take whatever steps he saw fit." The present case concerned a short-term appointment which was renewed several times.
Keywords
organisation's duties; contract; duration of appointment; short-term; separation from service; non-renewal of contract; notice
Consideration 8
Extract:
"Precedent says that there will be abuse of authority where the administration, though not overstepping its authority, uses it for some purpose other than those prescribed by law or, to put it more broadly, those that the general interest requires. A staff member who pleads misuse of authority, and the Tribunal that allows the plea, must be able to identify the improper purposes for which the authority (in this case the authority not to renew a short-term appointment) has been exercised."
Keywords
contract; short-term; non-renewal of contract; misuse of authority; definition; purpose; abuse of power
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