Judgment No. 946
Decision
1. THE DIRECTOR-GENERAL'S DECISION OF 6 OCTOBER 1987 IS SET ASIDE. 2. THE ORGANIZATION SHALL PAY THE COMPLAINANT IN MATERIAL DAMAGES THE EQUIVALENT OF SIX MONTHS' FULL PAY AT GRADE P.4 AT THE RATE APPLICABLE AT THE DATE OF HIS SEPARATION. 3. IT SHALL PAY HIM 3,000 UNITED STATES DOLLARS IN COSTS.
Consideration 10
Extract:
"Since the complainant had served UNESCO for only four years and the renewal he might have expected would not have been for more than two years, the Tribunal sets the amount at the equivalent of six months' full pay at grade P.4 at the rate applicable at the date of his separation."
Keywords
damages; contract; fixed-term; non-renewal of contract
Consideration 9
Extract:
"The need for savings affords no proper excuse for breach of the principles that protect the staff against arbitrary decision-making."
Keywords
contract; fixed-term; abolition of post; budgetary reasons; non-renewal of contract; discretion; limits
Consideration 8
Extract:
"Since the Director-General relied solely, in taking his final decision, on a recommendation that is tainted with mistakes of [fact], his decision too is flawed with the same mistakes."
Keywords
decision; internal appeals body; recommendation; flaw; mistake of fact; consequence
Consideration 11
Extract:
"There is no award of moral damages. Since the organization was applying a policy of staff retrenchment required by financial constraints, the non-renewal cannot be deemed to have harmed the complainant's professional reputation. Nor indeed does he offer any evidence of moral injury."
Keywords
moral injury; professional injury; evidence; lack of evidence; contract; fixed-term; abolition of post; non-renewal of contract
Consideration 7
Extract:
"The organization [is] in breach of the duty of consideration it owes its staff, of the principle of good faith and of the rule that the staff member has a right to be kept informed of any action that may affect his rights or legitimate interests."
Keywords
good faith; organisation's duties; duty to inform; contract; fixed-term; non-renewal of contract
Consideration 6
Extract:
"As a rule the reasons for any administrative decision must be stated. Non-renewal is plainly a decision of great consequence to a staff member and, though the Director-General is free to make his own assessment of the material facts, the staff member is entitled to know the reasons for the Director-General's conclusion so that he may, if he chooses, lodge first an internal appeal and then, if need be, a complaint with the Tribunal."
Keywords
decision; duty to substantiate decision; contract; fixed-term; non-renewal of contract; discretion
Considerations 4-6
Extract:
"In this case the decision not to renew the complainant's appointment was tainted with several fatal flaws. First, the decision was not taken by the competent authority. [...] What was even more serious was the failure to inform the complainant of the reasons for the decision."
Keywords
duty to substantiate decision; grounds; competence; right to reply; contract; fixed-term; non-renewal of contract; decision-maker; flaw
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