Judgment No. 1349

• Organization: European Southern Observatory (ESO)
• Date: 13.07.1994
• Original: French
• Judges: Gentot, Pescatore, Douglas
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Consideration 11

Extract:

"An organisation enjoys wide discretion in deciding whether or not to renew a fixed-term appointment and a fortiori whether to convert it into an indefinite one. The exercise of such discretion is subject to review, but only to limited review, the Tribunal respecting the organisation's freedom to determine its own requirements and the career prospects of staff."

Keywords

amendment to the rules; contract; duration of appointment; fixed-term; permanent appointment; non-renewal of contract; judicial review; discretion; limits; organisation's interest

Consideration 14

Extract:

"Professional shortcomings are a typical justification for straightforward separation on expiry of a temporary appointment".

Keywords

contract; fixed-term; non-renewal of contract; unsatisfactory service; judicial review; organisation's interest; cause