Judgment No. 243
Decision
THE COMPLAINT IS DISMISSED.
Consideration 3
Extract:
According to the basic principles to be observed in the public service, "a supervisor should exercise supervision and control over all the activities of his subordinates. Such authority is exercised exclusively in the interests of the organisation and in particular its exercise should not impair the efficiency of work."
Keywords
competence; supervisor; organisation's interest; purpose
Consideration 1
Extract:
"[T]he Administrative Tribunal may interfere with a decision [...] refusing to extend a fixed-term appointment only if [...]."
Keywords
contract; fixed-term; non-renewal of contract; judicial review; discretion
Consideration 7
Extract:
The organisation, "instead of terminating the complainant's services as soon as it realised his inability to work in an international organisation, ¨[...] found him other work; but again he proved incompetent. It offered him field posts; but he refused them. It is clear therefore that he was treated with consideration."
Keywords
organisation's duties; contract; fixed-term; non-renewal of contract; unsatisfactory service; fitness for international civil service
Consideration 4
Extract:
"[T]he complainant alleges that the nature of his duties did not match the description in his contract of appointment. It is inherent, however, in the nature of his supervisory authority that a head of branch should be free to employ his subordinates in the best interests of his branch with due regard to their qualifications. At the highest level, moreover, the Director-General enjoys similar authority [...] to safeguard the interests of the organisation."
Keywords
organisation's duties; assignment; post description; contract; supervisor; discretion; executive head; organisation's interest; difference
Consideration 6
Extract:
"It appears [...] from the dossier that although his supervisors expressed a justifiably low opinion of his work, their assessments were expressed in perfectly proper language in no way calculated to cause him any emotional upset."
Keywords
moral injury; work appraisal; performance report; unsatisfactory service; discretion
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