Judgment No. 4678
Decision
The complaint is dismissed.
Summary
The complainant contests the decisions not to extend his fixed-term contract due to unsatisfactory performance and to withhold his within-grade salary increment.
Judgment keywords
Keywords
fixed-term; non-renewal of contract; unsatisfactory service; complaint dismissed
Consideration 2
Extract:
In the ordinary course, sick leave is not an exceptional circumstance in and of itself. The complainant should have provided the JAB with a reasonable explanation as to why his sick leave prevented him from requesting a review in a timely manner, and he did not. In these circumstances, the internal appeal was properly considered irreceivable.
Keywords
exception; sick leave; late appeal
Consideration 4
Extract:
[T]he Tribunal recalls its well-established case law regarding decisions concerning staff performance appraisals and renewal of fixed-term appointments. Organizations have wide discretion in taking such decisions, which are therefore subject to only limited review by the Tribunal, which will interfere only if a decision was taken in breach of applicable rules on competence, form or procedure, if it was based on a mistake of fact or of law, if an essential fact was overlooked, if a clearly mistaken conclusion was drawn from the facts, or if there was abuse of authority (see Judgment 4170, consideration 9, and the case law cited therein). Where the reason for not renewing a contract is the unsatisfactory nature of the performance of a staff member, who is entitled to be informed in a timely manner as to the unsatisfactory aspects of her or his service, the organization can base its decision only on an assessment carried out in compliance with established rules (see, in particular, Judgment 2991, consideration 13, and the case law cited therein). This presupposes that the person in question has been informed in advance of what is expected of her or him, in particular by the communication of a precise description of the objectives set (see Judgment 3148, consideration 25).
Reference(s)
ILOAT Judgment(s): 2991, 3148, 4170
Keywords
fixed-term; non-renewal of contract; unsatisfactory service; role of the tribunal; performance
Consideration 10
Extract:
As to the plea that the extended six-month PIP period was not completed, the Tribunal notes that the complainant went on sick leave shortly after the PIP had been extended. This circumstance did not preclude the Director-General from deciding not to extend his contract upon its expiry on performance grounds.
Keywords
sick leave; performance evaluation
Consideration 11
Extract:
Contrary to the complainant’s argument, good faith does not require an organization to extend the appointment of an underperforming staff member merely because the staff member has applied for a disability benefit.
Keywords
good faith; extension of contract; invalidity
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