Judgment No. 2660
Decision
The complaints are dismissed.
Considerations 11-12
Extract:
In Judgment 2019 the Tribunal reiterated the grounds upon which it would intervene in a decision not to extend a fixed-term contract. It stated:
“22. Anyone who enters into a contract of employment for a fixed term must abide by its terms and is not entitled to automatic renewal or conversion to another type of appointment. The complainant accepted his appointment subject to whatever conditions were laid down in the letter of appointment and the provisions of the Staff Regulations and Rules.
23. A decision by an organization not to renew such a contract is within its power and authority. In a long line of cases the Tribunal has held that such a decision, being discretionary, ‘may be set aside only if it was taken without authority, or in breach of a rule of form or of procedure, or was based on a mistake of fact or of law, or if some essential fact was overlooked, or if clearly mistaken conclusions were drawn from the facts, or if there was abuse of authority’. […] Not one of these conditions is present in this case. […]”
In addition, the complainant claims that he had a legitimate expectation that his contract would be extended. In this regard he relies on Judgment 675, in which the Tribunal held that an international civil servant expects, when cutting himself off from his home country to make a career in the service, that normally his contract will be renewed. However, it must be observed that the Tribunal was simply stating that, because of the expectation of renewal, there must be a decision relating to renewal or non-renewal. At consideration 10, the Tribunal stated:
“[…] a contract of employment for a fixed term carries within it the expectation by the staff member of renewal and places upon the organisation the obligation to consider whether or not it is in the interests of the organisation that that expectation should be fulfilled and to make a decision accordingly.”
Reference(s)
ILOAT Judgment(s): 2019
Keywords
legitimate expectation; fixed-term
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