Judgment No. 306
Decision
1. The decision dated 25 June 1975 of the Director of the International Centre for Advanced Technical and Vocational Training in Turin and the confirmatory decision of 5 February 1976 are quashed.
2. Mr. Almini is reinstated in his former post in the Centre. Should reinstatement prove impossible or undesirable in the view of one or other of the parties, the Centre shall pay Mr. Almini a sum equivalent to one year's salary and the contributions to the pension fund for the same period, plus interest on those sums at 8 per cent a year from 10 May 1976, the date on which the complaint was lodged.
Considerations
Extract:
The complete turn around in assessments of the complainant's work within the space of ten months is unexplainable. The organisation's belated explanations are not borne out by the evidence. "Hence, although the impugned decision cannot be said to have been taken for reasons contrary to the interests of the [service], it is clear at least that the decision drew clearly mistaken conclusions from the facts and should therefore be quashed."
Keywords
amount; work appraisal; different appraisals; satisfactory service; contract; fixed-term; non-renewal of contract; unsatisfactory service; mistaken conclusion
Considerations
Extract:
The ninety-day time limit expired on 9 May; but since this day was a sunday, the complaint registered by the Registry on 10 May was receivable.
Keywords
complaint; receivability of the complaint; time limit; exception; public holiday
Considerations
Extract:
"What makes it all the harder to account for such a difference in assessment within the space of ten months is that there is not a single document in the dossier which reveals the true reasons and no particular fact which explains why the assessment of the complainant was so utterly different." The Director-General's representative provided an explanation for the Tribunal. "[T]hat explanation of the impugned decision is belated and amounts to mere allegations which are not borne out by any document in the dossier." The non-renewal is quashed.
Keywords
grounds; work appraisal; different appraisals; flaw; mistaken conclusion
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