Judgment No. 974

• Organization: Pan American Health Organization (PAHO)
• Date: 27.06.1989
• Original: English
• Judges: Ducoux, Suffian, Carroll
• Full judgment text - Full judgment text (french)

Decision

1. THE DIRECTOR'S DECISION OF 7 JUNE 1988 IS QUASHED.
2. THE ORGANIZATION SHALL APPLY THE REDUCTION-IN-FORCE PROCEDURE TO THE COMPLAINANT IN ACCORDANCE WITH RULE 1050.2.
3. IT SHALL PAY HIM IN COMPENSATION THE SUMS RECKONED AS SET OUT IN 7 ABOVE.
4. IT SHALL PAY HIM 3,000 UNITED STATES DOLLARS IN COSTS.
5. HIS OTHER CLAIMS ARE DISMISSED.

Consideration 4

Extract:

"In the absence of a specific provision in the Rules, the Tribunal holds that, for the reasons it stated in Judgments 470 [...] and 891 [...], the right to the application of the reduction-in-force procedure arises on the abolition of a post of indefinite duration even though the official may have only a fixed-term appointment."

Reference(s)

Organization rules reference: ARTICLE 1050.2 OF THE PAHO STAFF RULES
ILOAT Judgment(s): 470, 891

Keywords

procedure before the tribunal; no provision; contract; post; duration of appointment; fixed-term; permanent appointment; abolition of post; non-renewal of contract; staff reduction; right