Judgment No. 269
Decision
THE COMPLAINT IS DISMISSED.
Consideration 3
Extract:
In order to lower editorial expenditure the complainant's post was abolished and free-lance staff engaged under contract. "[I]n abolishing the complainant's post and assigning her functions to someone engaged under contract the Director-General was giving effect to [the organization's] policy. It is not for the Tribunal to review such policy, whether it relates to the scope of the [organization's] activities or to its methods of work."
Keywords
external collaborator; appointment; abolition of post; reorganisation; judicial review; discretion; organisation's interest
Consideration 2
Extract:
"[A]n organisation may properly decide to abolish a post in one or the other of two contingencies - either when it ceases to perform certain functions or when it relieves the responsible staff member of those functions and assigns them to one or more other staff members."
Keywords
abolition of post; reorganisation; condition
Consideration 2
Extract:
"Although the Director-General enjoys discretionary authority in taking measures which entail abolishing a post, his decision is not wholly free from review by the Tribunal. It may be quashed if [...]."
Keywords
abolition of post; judicial review; discretion
Consideration 4
Extract:
"Being bound by the scope of the complainant's claims for relief the Tribunal is not required to consider the complainant's allegation of an attempt at bribery. If that allegation were proved the attempt at bribery would be subsequent to the abolition of post and merely a consequence thereof. Hence it cannot properly be relied upon to justify the quashing of the impugned decision and the complainant's reinstatement, the only claims for relief which she has made."
Keywords
complaint; claim; subsequent fact; receivability of the complaint; competence of tribunal; limits
Consideration 2
Extract:
"[T]he Tribunal will find that there has been abuse of authority where the abolition of a post is motivated, not by relevant and objective considerations, but by a desire to remove a staff member for whose dismissal there are no lawful grounds."
Keywords
abolition of post; misuse of authority; abuse of power
Consideration 2
Extract:
"Far from being determined once and for all, the purposes and structure of an organisation must move with the times and no institution is immune to change. According to circumstances such change in an organisation may entail the abolition of posts. Even if there is no express provision in the Staff Regulations or Staff Rules for such a measure, it is implicit in the principle that no organisation is bound to [conserve] the purposes and policies which it adopted at any particular time [in the past]."
Keywords
abolition of post; reorganisation; organisation's interest; consequence
Consideration 2
Extract:
"[T]here is a general principle whereby an organisation may not terminate the appointment of a staff member whose post has been abolished, at least if he holds an appointment of indeterminate duration, without first taking suitable steps to find him alternative employment."
Keywords
organisation's duties; contract; permanent appointment; abolition of post; reassignment; termination of employment
Consideration 3
Extract:
"[T]he abolition of post was not directed personally at the complainant. On the contrary, two other [officials serving as] editors and the art director lost their posts at about the same time. There is therefore no question of abuse of authority."
Keywords
abolition of post; reorganisation; staff reduction; misuse of authority; abuse of power
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