Judgment No. 223
Decision
1. THE DECISIONS OF THE DIRECTOR OF THE CENTRE DATED 26 JULY AND 23 AUGUST 1972 ARE QUASHED.
2. THE INTERNATIONAL CENTRE FOR ADVANCED TECHNICAL AND VOCATIONAL TRAINING SHALL PAY MR. GAUSI A SUM OF 35,000 SWISS FRANCS, LESS THE SUM ALREADY GRANTED TO HIM BY THE DIRECTOR'S DECISION OF 23 AUGUST 1972.
3. THE OTHER CLAIMS IN THE COMPLAINT ARE DISMISSED.
Considerations
Extract:
The complainant appealed to the Director against the decision to terminate his appointment. "He thus complied with the rule that an official must make a complaint to the Director of the organisation before filing a complaint with the Tribunal." The Director had the option under the Staff Regulations of referring the complaint to the internal body, but chose to reply to it.
Keywords
receivability of the complaint; internal appeal; internal remedies exhausted
Considerations
Extract:
The retirement age is fixed at sixty. "[I]n exceptional cases the Director may retain an official in service until the age of sixty-five. The text [...] allows the Director full discretion in determining the special cases in which an official may be retained in service beyond the normal age limit. The Director thus enjoys discretionary power in this respect".
Keywords
exception; contract; retirement; age limit; judicial review; discretion; extension beyond retirement age
Considerations
Extract:
It appears from the evidence that the "sole purpose [of the decision not to renew the complainant's contract upon his reaching retirement age] was to remove [him]." Certain irregularities could be observed in his service, but no serious inquiry was made nor any disciplinary proceedings undertaken. "[T]he decision [...] was based on mere suspicions unsupported by the slightest evidence, and is therefore tainted by misuse of authority and must be quashed."
Keywords
lack of evidence; inquiry; contract; fixed-term; non-renewal of contract; retirement; age limit; misconduct; disciplinary procedure; misuse of authority; investigation; abuse of power
Considerations
Extract:
The non-renewal decision having to be quashed for misuse of authority, account must be taken of material and moral damage and of the fact that the complainant could not have been retained in service beyond the age of 65. "It would therefore be a fair assessment of the circumstances as a whole to award [...] compensation in an amount of 35,000 Swiss francs, less the sum already granted to him by [the organisation]."
Keywords
moral injury; amount; contract; fixed-term; non-renewal of contract; retirement; age limit; misuse of authority; criteria; material damages; abuse of power
Considerations
Extract:
"[T]he Tribunal's competence to review the legality of the decision is confined to determining, among other things, whether the impugned decision is tainted by misuse of authority."
Keywords
contract; fixed-term; non-renewal of contract; judicial review
| 
