Judgment No. 2883
Decision
1. The Director-General's decision of 9 June 2008 is set aside.
2. The OPCW shall pay the complainant material damages in the amount of 35,000 euros.
3. It shall pay him moral damages in the amount of 15,000 euros.
4. It shall also pay him costs in the amount of 3,000 euros.
5. All other claims are dismissed.
Considerations 8 and 10
Extract:
The complainant joined the Organisation under a three-year fixed-term contract. The first six months of his appointment constituted a probationary period, which was extended for an additional three months.
"The Tribunal is of the opinion that the Director-General's decision not to renew the complainant's contract is based on errors of fact and law, and must therefore be set aside."
"The Tribunal holds that reinstatement, which could only be as a probationer without any guarantee of confirmation, would raise practical difficulties because of the time that has elapsed since the termination of the complainant's appointment and the scheduling conflicts that may occur between the training courses and the new probationary period [...]. Therefore, the Tribunal finds it appropriate not to order reinstatement but it will award the complainant material damages in the amount of 35,000 euros for the loss of a valuable opportunity to have his appointment confirmed."
Keywords
organisation's duties; probationary period; reinstatement; non-renewal of contract; unsatisfactory service; judicial review; discretion
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