Judgment No. 2408

• Organization: Organisation for the Prohibition of Chemical Weapons (OPCW)
• Date: 02.02.2005
• Original: English
• Judges: Gentot, Hugessen, Gaudron
• Full judgment text - Full judgment text (french)

Decision

1. The Director-General's decision of 8 August 2003 is set aside.
2. The OPCW shall pay the complainant the amount of net salary that she would have received from 15 November 2003 until 6 August 2004 if she had been employed until the latter date and moral damages in the sum of 25,000 euros.
3. It shall also pay her 3,000 euros in costs.

Consideration 23

Extract:

"[T]he decision not to renew her contract was not taken in implementation of the staff turnover policy [but] to rid the OPCW of the serious personal and professional conflict that existed between two senior members of the Secretariat and to avoid the necessity of taking steps to resolve that conflict. That was an improper purpose and to take a decision for that reason under cover of implementation of the staff turnover policy is both an abuse of authority and an act which demonstrates want of good faith."

Keywords

decision; grounds; good faith; organisation's duties; contract; non-renewal of contract; working relations; misuse of authority; purpose; abuse of power