Judgment No. 4545
Decision
The complaint is dismissed.
Summary
The complainant challenges the decision to terminate her appointment.
Judgment keywords
Keywords
non-renewal of contract; complaint dismissed
Consideration 4
Extract:
The Tribunal recalls its settled case law under which “the executive head of an international organisation, when taking a decision on an internal appeal that departs from the recommendations made by the appeals body, to the detriment of the employee concerned, must adequately state the reasons for not following those recommendations” (see, for example, Judgment 4062, consideration 3, and the case law cited therein).
Reference(s)
Jugement(s) TAOIT: 4062
Keywords
motivation of final decision
Consideration 3
Extract:
The complainant [...] submits that the refusal to allow her to submit her internal appeal to the JAB in French undermined her right to an internal appeal and the fairness of the appeal procedure. [...] The Tribunal notes that [...] section 9.9(iii) of Chapter 9 of the Implementing Procedures, in the version applicable at the material time, is expressed in mandatory, restrictive terms and was correctly applied in the present case. Similarly, the right to be represented by a lawyer of one’s own choice in internal proceedings does not allow a rule or regulation that requires use of a particular language in those proceedings to be overridden. It is immaterial that the Rules of the Tribunal allow English or French to be used during proceedings before it.
Keywords
internal appeals body; language of rule
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