Senior official (952,-666)

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Keywords: Senior official
Total judgments found: 5

• Judgment 4507

  
  134th Session, 2022
  Organisation for the Prohibition of Chemical Weapons
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant impugns the decision not to renew his fixed-term appointment.

  Judgment keywords

  Keywords:

  complaint dismissed; fixed-term; non-renewal of contract; senior official;
  

  
  
  

• Judgment 4506

  
  134th Session, 2022
  World Intellectual Property Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the length of the extension of appointment that was offered to him.

  Judgment keywords

  Keywords:

  complaint allowed; extension of contract; senior official;
  

  
  
  

• Judgment 4503

  
  134th Session, 2022
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision not to extend her fixed-term appointment upon its expiry.

  Judgment keywords

  Keywords:

  complaint dismissed; fixed-term; non-renewal of contract; senior official;
  

  Consideration 11

  Extract:

  [T]he restructuring of the [Senior Management Team] and the consequent non-renewal of the complainant’s appointment was a discretionary decision, as part of a policy to reform and restructure the management of the Organization, lawfully taken by the Director-General, within her authority. It is well settled in the Tribunal’s case law that decisions concerning restructuring within an international organization may be taken at the discretion of the executive head of the organization and are consequently subject to only limited review. Accordingly, the Tribunal will ascertain whether such decisions are taken in accordance with the relevant rules on competence, form or procedure, whether they rest upon a mistake of fact or of law or whether they constitute abuse of authority. The Tribunal will not rule on the appropriateness of a restructuring or of decisions relating to it and it will not substitute the organization’s view with its own (see, for example, Judgments 4004, consideration 2, 4139, consideration 2, 4180, consideration 3, 4405, consideration 2).

  Reference(s)

  ILOAT Judgment(s): 4004, 4139, 4180, 4405
  

  Keywords:

  discretion; fixed-term; non-renewal of contract; reorganisation; role of the tribunal; senior official;
  

  
  
  

• Judgment 4495

  
  134th Session, 2022
  Green Climate Fund
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant challenges the decision not to renew her fixed-term appointment upon its expiry.

  Consideration 10

  Extract:

  The circumstances of this case are somewhat unusual. It is not a case in which the question of whether a senior official’s contract should be renewed or extended was being addressed against a background of stability in the most senior ranks of the organisation with settled policies including HR policies. In the present case there was a new Executive Director appointed shortly before a decision had to be made about the extension of the complainant’s contract. He was plainly focused on, amongst other things, the functioning of the HR Unit and its Head as part of his vision for the future of the organisation informed by external advice. In this respect, the answer to the question of whether the complainant’s contract should be renewed could reasonably be influenced by that vision and the views of the new Executive Director about how it might best be achieved, including his assessment of the suitability of the complainant informed by advice he had received. A substantial part of the complainant’s case is, in substance, that she was qualified to continue in the role as Head of HR even in the face of the new vision (while challenging whether in truth it was new) including demonstrating that she had the qualifications, skills and experience required of the position as set out in a vacancy notice […]. But this line of argument and analysis effectively invites the Tribunal to enter the territory which it has eschewed, namely substituting its own assessment for that of the organisation.

  Keywords:

  non-renewal of contract; role of the tribunal; senior official;
  

  
  
  

• Judgment 2474

  
  99th Session, 2005
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 12

  Extract:

  Although the Director-General’s decision to cancel the competition and to vacate the post to which the complainant was appointed must stand, it does not follow that the first complaint should be dismissed in its entirety. An international organisation has a duty to act in good faith towards its employees and to protect their dignity. Unfortunately, the circumstances surrounding the Director-General’s decision show scant regard for the dignity of the complainant.

  Keywords:

  cause of action; respect for dignity; senior official;