Judgment No. 448
Decision
1. The PAHO shall pay the complainant compensation amounting to $12,000.
2. She is awarded costs amounting to $3,000.
3. The other claims for relief are dismissed.
Consideration 10
Extract:
The Tribunal dismisses the complainant's application for the removal of documents. "Any prejudice which may have been caused by such documents may be treated as made good by the present judgment."
Keywords
confidential evidence; disclosure of evidence
Consideration 8(b)
Extract:
"The political activities [the complainant] is said to have engaged in were never investigated and cannot therefore serve to excuse the inadequacy of the grounds for the decision. Even though the protests came from governments of [the Organization's] member states they are not decisive. The Organization cannot bow to a government's wishes before making sure that they are compatible with its own interests."
Keywords
organisation; lack of evidence; independence; member state; contract; fixed-term; non-renewal of contract; political activity; organisation's interest
Consideration 2
Extract:
The Staff Rules provide "that a fixed-term or short-term appointment shall terminate automatically on the completion of the agreed period of service unless it is extended. Construed literally, the Rule means that all that is needed for such an appointment to terminate is that the period of the contract should expire. It does not mean, however, that on the expiry of that period the Organisation is wholly free to continue to employ the staff member or not. PAHO bodies enjoy wide discretion in the matter, but they are not free to decide entirely as they please".
Keywords
contract; fixed-term; non-renewal of contract; discretion; limits
Consideration 1
Extract:
"The complainant appends to her complaint excerpts from tape recordings of evidence given to the Board of [...] Appeal. The [Organization] invites the Tribunal to disregard the excerpts on the grounds that they are incomplete or else to ask the Board to produce the complete recordings. The Tribunal has no reason to disregard the excerpts. The [Organization] does not deny their accuracy and was free [...] to supplement them itself [it] may not properly object to the Tribunal's passing judgment on findings of the internal appeals body."
Keywords
admissibility of evidence; recording; confidential evidence; disclosure of evidence
Consideration 10
Extract:
"Because of the flaws in the decision [not to renew her contract] the Tribunal may either set it aside or award the complainant compensation. The former would mean reinstating her. From the written evidence it is clear that mutual trust between the complainant and the [Organization] has diminished to the point where it is unlikely that she can again be usefully employed. Her reinstatement is therefore inadvisable and the Tribunal will accordingly award compensation".
Keywords
contract; reinstatement; fixed-term; non-renewal of contract; flaw; material damages
Consideration 4
Extract:
Under the material provisions, the Organization is not required to give reasons for its decision not to extend an appointment; if he so requests, an official can get an explanation from his supervisor. "The Tribunal may, however, exercise the power of review which it assumes in such cases only in the light of the grounds given for the decision to terminate the appointment, and if those grounds are not clear from the actual decision will seek to determine them from the other written evidence."
Keywords
duty to substantiate decision; grounds; contract; fixed-term; non-renewal of contract; judicial review; discretion
Consideration 8(a)
Extract:
In deciding not to renew her appointment without taking account of the various elements in the complainant's favour and by basing his decision exclusively on the opinion of her two supervisors, the Director-General exceeded the limits of his discretionary authority.
Keywords
different appraisals; contract; fixed-term; non-renewal of contract; discretion; disregard of essential fact
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