Judgment No. 1273

• Organization: International Labour Organization (ILO)
• Date: 14.07.1993
• Original: French
• Judges: Ruda, Pescatore, Gentot
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Consideration 8

Extract:

"A decision not to renew an appointment, though discretionary, must be taken for proper reasons that are notified to the staff member. It will be unlawful if it was not taken by the competent authority and in line with the set rules of procedure, if there was a mistake of law or of fact or abuse of authority, or if some clearly mistaken conclusion was drawn from the evidence."

Keywords

decision; duty to substantiate decision; competence; due process; organisation's duties; contract; non-renewal of contract; judicial review; decision-maker; discretion; limits; mistake of fact; mistaken conclusion; misuse of authority; abuse of power