Judgment No. 139
Decision
THE COMPLAINT IS DISMISSED.
Consideration 3
Extract:
Under the Staff Rules, the Director-General must endeavour to find another post for an official whose post has been abolished. "[T]he official who has worked for many years for the organization to its full satisfaction is absolutely entitled to fill a post suitable to his abilities and grade in preference to any other candidate."
Keywords
organisation's duties; contract; permanent appointment; abolition of post; reassignment; priority; termination of employment
Consideration 1
Extract:
"[I]f the Director-General suppresses a post and then re-establishes it soon after, there is reason to suppose that he was guided by reasons other than the efficiency of the administration, that is to say that he has abused his discretionary powers."
Keywords
abolition of post; misuse of authority; abuse of power
Consideration 2
Extract:
"The [...] facts show that the complainant's differences with his chiefs were the root cause of the suppression of his post. Such a measure might never have been even considered if the complainant's conduct had always been above criticism. It does not, however, follow that this is a case of abuse of discretionary power. [...] In the case at issue the suppression of post was based on two grounds, one related to the person of the complainant, and the other to the interests of the service. [...] This second ground is sufficient to justify the decision taken in the circumstances of the case."
Keywords
abolition of post; conduct; working relations; organisation's interest
Consideration 1
Extract:
"[T]he desire to terminate the contract of an unsatisfactory staff member is not in itself a ground for suppressing his post; that would mean depriving the staff member concerned of the legal remedies to which he is entitled, or at least, by disguising the true reasons for his termination, would make it difficult for him to defend his interests. If, however, the result of a suppression of post is to effect a permanent saving, it is not irregular simply because it also has the effect of removing an official."
Keywords
grounds; abolition of post; budgetary reasons; conduct
Consideration 1
Extract:
"The decision to suppress a post lies within the Director-General's discretion. [...] In order to meet the objection of abuse of authority, the decision must be justified in the interests of the service. Consequently it must have the lasting effect of reducing the size of the staff, that is to say the expenses of the organization. It is not necessary, however, that the duties of the person holding the post should be abolished. They can be assigned to other staff members [...] on condition that this is not merely a provisional measure."
Keywords
abolition of post; budgetary reasons; staff reduction; organisation's interest; misuse of authority; abuse of power
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