Judgment 269
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"[A]n organisation may properly decide to abolish a post in one or the other of two contingencies - either when it ceases to perform certain functions or when it relieves the responsible staff member of those functions and assigns them to one or more other staff members."
Keywords:
abolition of post; condition; reorganisation;
Consideration 2
Extract:
"Although the Director-General enjoys discretionary authority in taking measures which entail abolishing a post, his decision is not wholly free from review by the Tribunal. It may be quashed if [...]."
Keywords:
abolition of post; discretion; judicial review;
Consideration 3
Extract:
In order to lower editorial expenditure the complainant's post was abolished and free-lance staff engaged under contract. "[I]n abolishing the complainant's post and assigning her functions to someone engaged under contract the Director-General was giving effect to [the organization's] policy. It is not for the Tribunal to review such policy, whether it relates to the scope of the [organization's] activities or to its methods of work."
Keywords:
abolition of post; appointment; discretion; external collaborator; judicial review; organisation's interest; reorganisation;
Consideration 2
Extract:
"[T]he Tribunal will find that there has been abuse of authority where the abolition of a post is motivated, not by relevant and objective considerations, but by a desire to remove a staff member for whose dismissal there are no lawful grounds."
Keywords:
abolition of post; abuse of power; misuse of authority;
Consideration 2
Extract:
"Far from being determined once and for all, the purposes and structure of an organisation must move with the times and no institution is immune to change. According to circumstances such change in an organisation may entail the abolition of posts. Even if there is no express provision in the Staff Regulations or Staff Rules for such a measure, it is implicit in the principle that no organisation is bound to [conserve] the purposes and policies which it adopted at any particular time [in the past]."
Keywords:
abolition of post; consequence; organisation's interest; reorganisation;
Consideration 2
Extract:
"[T]here is a general principle whereby an organisation may not terminate the appointment of a staff member whose post has been abolished, at least if he holds an appointment of indeterminate duration, without first taking suitable steps to find him alternative employment."
Keywords:
abolition of post; contract; organisation's duties; permanent appointment; reassignment; termination of employment;
Consideration 3
Extract:
"[T]he abolition of post was not directed personally at the complainant. On the contrary, two other [officials serving as] editors and the art director lost their posts at about the same time. There is therefore no question of abuse of authority."
Keywords:
abolition of post; abuse of power; misuse of authority; reorganisation; staff reduction;
Judgment 251
34th Session, 1975
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"In this case the décision not to extend or convert the complainant's appointment is not tainted with any irregularity which entitles the Tribunal to interfere. That decision is based on the abolition of the complainant's post - made redundant by the installation of three computers - and that is a plausible reason for not extending an appointment which has expired."
Keywords:
abolition of post; contract; fixed-term; grounds; judicial review; non-renewal of contract; reorganisation;
Consideration 3
Extract:
The refusal to extend the complainant's appointment is based on the abolition of the complainant's post. Considering the length of his service, the complainant might have expected to be kept on, but "it does not follow that the Director-General exceeded his discretionary authority in taking a decision which there is no reason to doubt was in accordance with the interests of the organization in his charge."
Keywords:
abolition of post; contract; discretion; fixed-term; legitimate expectation; non-renewal of contract; organisation's interest;
Judgment 139
22nd Session, 1969
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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; abuse of power; misuse of authority;
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:
abolition of post; contract; organisation's duties; permanent appointment; priority; reassignment; termination of employment;
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; organisation's interest; working relations;
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:
abolition of post; budgetary reasons; conduct; grounds;
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; abuse of power; budgetary reasons; misuse of authority; organisation's interest; staff reduction;
Judgment 133
21st Session, 1969
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant fulfilled the duties assigned to him in an exemplary manner over a period of 15 years. "He is now approaching 50, and would find it all the more difficult to secure employment outside the organization inasmuch as he has been engaged on specialised duties which have no counterpart in most national administrations or private organizations. He was therefore entitled to the treatment accorded to deserving former staff members, that is to say, he could claim appointment to any vacant post for which he was qualified, with priority over all other candidates."
Keywords:
abolition of post; priority; reassignment; satisfactory service; termination of employment;
Consideration 4
Extract:
"[I]t is consonant with the spirit of the Rules and Regulations that a staff member who has served the organization in a fully satisfactory manner for a particularly long period, and who might reasonably have expected to finish his career in the same organization, should be treated in a manner more appropriate to his situation. If he loses his post, he may claim to be appointed to any vacant post which he is capable of filling in a competent manner, whatever may be the qualifications of the other candidates [...]. This interpretation [...] take[s] account of the legitimate expectation of staff members [and] is not prejudicial to the organization itself, which has every interest in employing staff members who have shown themselves deserving of confidence over a long period of employment."
Keywords:
abolition of post; legitimate expectation; priority; reassignment; satisfactory service;
Consideration 3
Extract:
"[T]he evidence in the dossier shows that the abolition of the complainant's post, while not aimed at the complainant personally, formed part of the reorganisation measures taken in accordance with [a conference]. It is immaterial that the duties performed by the complainant were maintained and assigned to other staff members, since the abolition of the post was motivated by objective reasons which do not fall within the competence of the Tribunal."
Keywords:
abolition of post; discretion; judicial review; organisation's interest; reorganisation;
Consideration 3
Extract:
"[A]s an organisational act the decision to deprive a staff member of his post lies within the Director-General's discretion and can be reviewed by the Tribunal only if it is in irregular form or tainted by procedural irregularity, or tainted by illegality or based on incorrect facts, or if essential facts have not been taken into consideration or conclusions which are clearly false have been drawn from the documents in the dossier. This is the case whenever such an act is taken for the sole purpose of removing a staff member for whose termination no other statutory reason can be found."
Keywords:
abolition of post; abuse of power; discretion; judicial review; misuse of authority; organisation's interest; termination of employment;
Consideration 5
Extract:
"The evidence produced does not establish that the organization fulfilled all its obligations in the matter." On three occasions account was taken of the complainant's candidature in respect of vacant posts. "Nevertheless, on each of these occasions, instead of simply considering the complainant's qualifications and appointing him to a post that he was capable of filling, the organization assessed the merits of the various applicants and thus followed the normal procedure. In so doing it complied with the letter of the Regulations, but it did not take account of the general principle* derived from [the applicable provision]". *Preference should be extended to deserving former staff members.
Keywords:
abolition of post; contract; fixed-term; material damages; organisation's duties; priority; reassignment; subsidiary; termination of employment; vacancy;
Consideration 5
Extract:
"The organization cannot claim to have discharged its responsibilities by offering [the] complainant a post in grade P.1/P.2 [...] even if [he] had continued to receive his P.3 salary, the duties attached to the post were of a lower grade than those he had formerly performed. He was therefore justified in refusing the offer."
Keywords:
abolition of post; complainant; downgrading; grade; organisation's duties; reassignment; refusal;
Judgment 127
20th Session, 1968
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant's appointment was terminated on the ground that the necessities of the service required the abolition of the post. "The relevance of the reason given is a matter which falls within the discretion of the Director-General, and in principle the Tribunal is not competent to rule on the expediency of action taken by the organization in the light of the necessities of the service to fulfil its aims. It follows that the Tribunal may not substitute its own judgment for that of the Director-General in respect of the desirability of continuing complainant's employment, having regard to the necessities of the service."
Keywords:
abolition of post; discretion; judicial review; organisation's interest;
Consideration 7
Extract:
The complainant's appointment was terminated and his post abolished. "[T]he organization has an obligation to the complainant because of the fact which was not taken into account, namely the intervention with the [national] authorities by the senior technical adviser, without good reason, in the exercise of his official duties. As a result, the complainant has suffered both material and moral injury [...] taking account of [...] in particular [...] the fact that the organization was in ignorance through no fault of its own, the organization should pay the complainant compensation".
Keywords:
abolition of post; consultation; contract; disregard of essential fact; fixed-term; injury; liability; material injury; member state; moral injury; organisation; termination of employment;
Consideration 7
Extract:
The technical adviser to the national authorities expressed views concerning the complainant which were, to say the least, lacking in impartiality; he implicitly recognised that he induced the national authorities, without good reason, to take steps which led to the complainant's dismissal before the termination of his contract. The organization did not take account of this essential fact, but it cannot be blamed for not being aware of these circumstances. The complainant is entitled to compensation.
Keywords:
abolition of post; bias; consultation; contract; disregard of essential fact; fixed-term; material damages; member state; termination of employment;
Judgment 61
10th Session, 1962
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
The organisation altered the pensions scheme, family allowances and termination benefits in case of abolition of post. While it "was, in principle, empowered to do so, it falls to be considered whether it thereby altered the balance of contractual obligations or infringed the essential terms of appointment in consideration of which the complainant [...] agreed to accept service with [the organisation]."
Keywords:
abolition of post; acquired right; amendment to the rules; consequence; contract; family allowance; judicial review; pension; terminal entitlements; terms of appointment;
Consideration 24
Extract:
The changes in the guarantees provided in the event of abolition of post "constitute a serious infringement of the terms of appointment" of the complainant. He is therefore justified in maintaining that the Secretary-General was not entitled to declare that the material regulation was applicable to his terms of appointment.
Keywords:
abolition of post; amendment to the rules; provision; safeguard; staff regulations and rules; termination of employment; terms of appointment;
Consideration 24
Extract:
A comparison of the old and new provisions reveals "that in the event of termination owing to the abolition of the official's post the new regulations abolish all immediate right to a pension and substitute for an allowance of a stated amount, guaranteed under the former article [...] a benefit of an amount to be decided by the administrative council at its absolute discretion; these two changes constitute a serious infringement of the [complainant's] terms of appointment [...]."
Keywords:
abolition of post; acquired right; amendment to the rules; discontinuance; pension entitlements; provision; repeal; staff regulations and rules; terminal entitlements; termination of employment; terms of appointment;
Judgment 14
4th Session, 1954
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The Staff Regulations provide that in the event of a reduction of staff preference be given to staff members with permanent appointments. The "systematic recourse to the statutory exception would be contrary to the spirit of the provisions governing the conditions of service of permanent officials who must in principle be protected against [budgetary] fluctuations, and would thus lead to rendering the notion of permanency of function void of substance; [...] such a procedure would impede good administration and endanger the sound functioning of the international organisations.
Keywords:
abolition of post; budgetary reasons; contract; effect; organisation's interest; permanent appointment; priority; staff reduction; termination of employment;
Considerations
Extract:
Alleging the inferior quality of the complainant's work, the organization failed by way of exception to give her preferential treatment when implementing staff reductions. "As regards the comparative evaluation of service [...], the Director-General [...] has discretionary power [...]. This discretionary power cannot be used to misuse recourse to the aforementioned exception."
Keywords:
abolition of post; contract; discretion; permanent appointment; priority; staff reduction; work appraisal;
