Judgment No. 17
Decision
THE TRIBUNAL,
Rejecting any wider or contrary conclusions,
Declares the complaint to be receivable as to form;
Declares that it is competent;
Orders the decision taken to be rescinded and declares in law that it constitutes an abuse of rights causing prejudice to the complainant;
In consequence, should the defendant not reconsider the decision taken and renew the complainant's appointment, orders the said defendant to pay to the complainant the sum of US$15,500, plus children's allowance for two years, the whole together with interest at 4 per centum from 1 January 1955;
Orders the defendant Organisation to pay to the complainant the sum of US$300 by way of participation in the costs of his defence;
PRONOUNCING on the application to intervene made by M. Henquet;
Considering that such intervention is receivable in so far as it is made by M. Henquet in his own name;
That in this instance the fact that the intervener holds an indeterminate appointment and not a fixed-term appointment does not prevent the present dispute from bearing on principles applicable to the legal position of the whole staff;
Considering that the intervention is founded, in so far as recognised by the present judgment, orders the defendant Organisation to bear the expenses for which justification is provided by the intervener up to a maximum of US$40.
On the substance (A)
Extract:
Vide Judgment 21, consideration a.
Reference(s)
ILOAT Judgment(s): 21
Keywords
duty to substantiate decision; grounds; contract; fixed-term; non-renewal of contract; judicial review
On the substance (E)
Extract:
Vide Judgment 22, consideration l.
Reference(s)
ILOAT Judgment(s): 22
Keywords
member state; contract; fixed-term; non-renewal of contract; conduct; judicial review; official
Consideration on prejudice
Extract:
Vide Judgment 21, consideration on prejudice.
Reference(s)
ILOAT Judgment(s): 21
Keywords
career; legitimate expectation; satisfactory service; contract; fixed-term; non-renewal of contract; fitness for international civil service
Consideration on competence
Extract:
Vide Judgment 18, consideration on competence.
Reference(s)
ILOAT reference: ARTICLE II, PARAGRAPH 1, OF THE STATUTE
ILOAT Judgment(s): 18
Keywords
competence of tribunal; staff regulations and rules; enforcement; interpretation
Consideration on the substance (D)
Extract:
Vide Judgment 16, consideration on the substance, (d).
Reference(s)
ILOAT Judgment(s): 16
Keywords
complainant; inquiry; organisation's duties; misconduct; conduct; disciplinary measure; investigation
Consideration (F)
Extract:
Vide Judgment 24, consideration (m).
Reference(s)
ILOAT Judgment(s): 24
Keywords
staff member's interest; staff member's duties; organisation's interest
Consideration (B)
Extract:
Vide Judgment 24, consideration (h).
Keywords
staff member's duties; duty of discretion; freedom of conscience; political activity; organisation's interest
On the substance (E)
Extract:
Vide Judgment 21, consideration (l).
Reference(s)
ILOAT Judgment(s): 21
Keywords
independence; member state; executive head; misuse of authority; official; abuse of power
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