Non-renewal of contract (384,-666)
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Keywords: Non-renewal of contract
Total judgments found: 320
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Judgment 131
21st Session, 1969
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Under the applicable provision, a staff member who has been appointed, by a fixed-term appointment, for one year or more must be notified of the organization's decision not to reappoint him no less than one month before the date of expiry. "The decision taken by the Director-General under the above-mentioned rule lies within his discretion. It cannot therefore be reviewed by the Tribunal unless it is tainted by [...]" (etc.).
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract; notice;
Consideration 3
Extract:
On 21 August, the complainant was informed that his appointment would terminate at the end of his contract, on 31 August. This decision is the final step in the termination procedure. On 6 April, the complainant had been notified of the termination of his contract. An extension was granted for reasons of health. The "complainant had been aware for over three months that the organization had decided to terminate his contract." This decision merely confirmed those taken earlier while altering the conditions for their execution. It did not defeat the purpose of the applicable provision "which is to protect the staff member from the consequences of a sudden termination of his appointment."
Keywords:
confirmatory decision; contract; extension of contract; fixed-term; non-renewal of contract; notice; sick leave;
Judgment 122
20th Session, 1968
Universal Postal Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
On the substance
Extract:
The complainant was denied appointment to a permanent post because of objections expressed by a Member State aroused by the complainant's refusal to do his military service. The decision was tainted by an error of law; the organisation did not exercise its discretionary power. The decision is quashed and the case is referred back to the organisation "for a new decision to be taken, with reasons stated, on [the] complainant's request, after consideration of all the relevant circumstances of the case, including [the complainant's] professional qualifications [...] and disregarding the fact [...] that he is a persona non grata to one of the States members."
Keywords:
contract; fixed-term; flaw; grounds; member state; military service; non-renewal of contract; permanent appointment; persona non grata; refusal; titularization;
Considerations
Extract:
The decision not to renew his contract was notified to the complainant on 6 March and again on 15 June following his request for a review. On 25 June the complainant addressed a request to the organisation based on new arguments and directed to securing reconsideration of his case. Following this request the Director-General communicated to the complainant on 14 August a decision definitely confirming the previous decision, but in part on new grounds. The time limit for the filing of the complaint began to run only from the date of the notification of the decision of 14 August.
Keywords:
amendment to the rules; complaint; confirmatory decision; contract; date; date of notification; decision; fixed-term; grounds; non-renewal of contract; receivability of the complaint; start of time limit; time limit;
Judgment 121
20th Session, 1968
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The renewal or non-renewal of a contract of employment is a matter within the discretion of the Director-General. Accordingly the Tribunal will not interfere with his decision unless it [...]. The Tribunal may not substitute its own judgment for that of the Director-General in regard to the work or conduct or qualifications of the person concerned."
Keywords:
conduct; contract; discretion; fixed-term; judicial review; non-renewal of contract; work appraisal;
Considerations
Extract:
"The correspondence on which the complainant relies as indicating the probability of renewal does not amount to a promise or make the renewal a matter of good faith."
Keywords:
contract; evidence; extension of contract; fixed-term; good faith; lack of evidence; non-renewal of contract; offer; promise;
Judgment 116
19th Session, 1968
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
On the occasion of the partial renewals of her contracts, the complainant was advised to improve her performance. In concluding that the complainant's performance was still unsatisfactory and that her appointment should not be extended beyond the date of expiry, the Director-General gave a ruling which exhibits none of the flaws which may cause the Tribunal to interfere with such a decision. It has not, in particular, been established that the critical observations made of the complainant's work were based on materially incorrect facts.
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract; unsatisfactory service;
Judgment 94
16th Session, 1966
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
At the time of the judgment the Tribunal found that reinstatement was not inadvisable. Reinstatement will again be possible upon the expiry of the appointment of the complainant's successor, "execution of the judgment being a valid reason for non-renewal of his appointment."
Keywords:
execution of judgment; judgment of the tribunal; non-renewal of contract; reinstatement;
Judgment 65
11th Session, 1962
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
Vide Judgment 65, consideration 1.
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract;
Consideration 1
Extract:
"Having regard to the advisory opinion of the International Court of Justice [...] the [...] Administrative Tribunal is competent to hear complaints relating to the non-renewal of fixed-term appointments (ICJ : reports, 1956, page 77). Although this opinion concerns UNESCO officials, it applies by analogy to the staff of other organizations falling within the Tribunal's jurisdiction. Therefore, the complainant's prayer for the quashing of the decision not to renew her appointment is receivable."
Keywords:
advisory opinion of icj; competence of tribunal; contract; fixed-term; icj; non-renewal of contract;
Consideration 3
Extract:
"The decision not to renew the complainant's appointment [...] taken on the basis of a single unfavourable report after a long period of satisfactory service, would leave out of account essential material elements and would constitute an obviously wrong conclusion drawn from the record unless the appraisal report and the comments thereon disclosed sufficiently serious deficiencies in the work or conduct of the official concerned to justify by themselves the decision not to renew the official's appointment."
Keywords:
conduct; contract; different appraisals; disregard of essential fact; fixed-term; mistaken conclusion; non-renewal of contract; performance report; satisfactory service; unsatisfactory service;
Consideration 5
Extract:
"The reference to the complainant's conduct was properly part of the record incorporating the appraisal report and was not objected to as such by the complainant, so that the Director-General could properly take notice thereof in deciding whether, in the light of the facts disclosed in the 1960 report and comments thereon, the complainant's appointment should be extended."
Keywords:
acceptance; complainant; conduct; contract; fixed-term; non-renewal of contract; performance report; unsatisfactory service;
Judgment 56
9th Session, 1961
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"The Director-General had good reason to believe that [the complainant's] behaviour was not beyond reproach, and that [...] her performance was inadequate and her attitude towards her colleagues insufferable. In these circumstances, it is quite clear that the refusal to renew the complainant's appointment is not tainted by any defect such as would justify either the quashing of the decision or the award of an indemnity."
Keywords:
conduct; contract; fixed-term; non-renewal of contract; output; unsatisfactory service; working relations;
Consideration 1
Extract:
Vide Judgment 65, consideration 2.
Reference(s)
ILOAT Judgment(s): 65
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract;
Consideration 1
Extract:
Vide Judgment 65, consideration 1.
Reference(s)
ILOAT Judgment(s): 65
Keywords:
advisory opinion of icj; competence of tribunal; contract; fixed-term; icj; non-renewal of contract;
Consideration 4
Extract:
"A decision not to renew a fixed-term appointment bears no relation to disciplinary sanctions which an official may have incurred. It is precluded neither by imposition of, nor by the failure to impose, such sanctions. To hold as justified the decision complained of, therefore, it suffices to show that the organization had proper reasons for dispensing with the services of complainant on expiry of her contract." The organization was not bound to resort to the disciplinary procedure.
Keywords:
contract; fixed-term; grounds; judicial review; non-renewal of contract; organisation's duties;
Judgment 54
9th Session, 1961
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"Where, as in the present case, no specific decision is taken, either at the request of the person concerned or by the administration acting on its own initiative, specifying that the temporary employment contract of [an] official is not to be renewed, the period within which the official may appeal against the refusal to renew his contract is reckoned from the day on which the contract expires."
Keywords:
contract; date; fixed-term; internal appeal; non-renewal of contract; notice; start of time limit; time limit;
Judgment 33
7th Session, 1958
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
Under the applicable provisions, the complainant's fixed-term appointment expired on the set date without notice or indemnity; the separation from service resulting from the expiration of a fixed-term appointment did not constitute a termination within the meaning of the Staff Regulations; "therefore there is no recourse against the complainant's separation from service [on the set date]".
Keywords:
contract; fixed-term; non-renewal of contract; notice;
Judgment 32
7th Session, 1958
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
On the substance
Extract:
Vide Judgment 33, paragraph 5.
Reference(s)
ILOAT Judgment(s): 33
Keywords:
contract; fixed-term; non-renewal of contract; notice;
Considerations
Extract:
The irregularities indicated "resulted in depriving complainant of the opportunity of effectively discussing the appreciations made by his superiors, a fact aggravated by reason of the irregularities by which the procedure of the [Advisory] Committee was tainted, resulting in complainant being unable to avail himself of a procedure under which he might have been able to emphasise the qualities he claimed with a view to possibly obtaining an indeterminate appointment [...]. In this manner, the complainant was deprived of the possibility of having the decision taken modified, a possibility available to him under the Staff Regulations and Rules."
Keywords:
advisory body; consultation; contract; due process; fixed-term; flaw; non-renewal of contract; permanent appointment; procedural flaw; refusal; right to reply; work appraisal;
Judgment 27
6th Session, 1957
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The only fault which can be attributed to the organisation is that it did not establish [...] clearly and precisely [the responsibility of the complainant in certain incidents] but left open to grave doubt the reasons which motivated the failure to re-engage the complainant [...]. The complainant should therefore be awarded an indemnity in compensation for the moral prejudice resulting from the equivocal explanation given of the failure to re-engage her, for which prejudice the award of a sum of US $1,000 will give her full relief."
Keywords:
amount; contract; fixed-term; grounds; injury; material damages; moral injury; non-renewal of contract; professional injury;
Judgment 25
6th Session, 1957
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration (A)
Extract:
"The Director-General [...] enjoys discretionary powers in respect of the transfer of staff members to posts other than those to which they are initially assigned [...]. A refusal to accept a transfer may raise obstacles to the extension of an engagement beyond its original date of termination."
Keywords:
contract; discretion; fixed-term; non-renewal of contract; refusal; transfer;
Consideration (A)
Extract:
"The offer of a new appointment, coupled with a transfer, exempts the organization from having to give advance notice of the expiration of the current appointment."
Keywords:
contract; fixed-term; non-renewal of contract; notice; organisation's duties; transfer;
Consideration (A)
Extract:
"An offer was made to the complainant to extend his appointment and to transfer him [to the field]. The complainant made his acceptance of this offer subject to conditions the Director-General felt unable to accept. [The] non-renewal of the complainant's appointment did not violate [...] any of the relevant provisions of the Staff Regulations and Staff Rules."
Keywords:
contract; field; fixed-term; non-renewal of contract; refusal; transfer;
Judgment 24
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration (L)
Extract:
Vide Judgment 22, consideration (l).
Reference(s)
ILOAT Judgment(s): 22
Keywords:
conduct; contract; fixed-term; judicial review; member state; non-renewal of contract; official;
Judgment 23
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration (L)
Extract:
Vide Judgment 22, consideration (l).
Reference(s)
ILOAT Judgment(s): 22
Keywords:
conduct; contract; fixed-term; judicial review; member state; non-renewal of contract; official;
Judgment 22
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration (L)
Extract:
The complainant was dismissed because of doubts concerning her integrity. "The fact that in this case the doubts raised as to the loyalty to her own government brought by a government which enjoys in all respects the highest prestige, must be without any influence upon the consideration of the facts in the case and the determination of the principles whose respect the Tribunal must ensure."
Keywords:
conduct; contract; fixed-term; judicial review; member state; non-renewal of contract; official;
Judgment 21
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration (L)
Extract:
Vide Judgment 22, consideration (l).
Reference(s)
ILOAT Judgment(s): 22
Keywords:
conduct; contract; fixed-term; judicial review; member state; non-renewal of contract; official;
Consideration on the substance (E)
Extract:
A circular provides for renewal if, in particular, the services of the person concerned are needed. "This expression cannot mean that the person concerned must be irreplaceable, in that no successor can be found; [...] it means only that the requirements of the service [...] must be permanent and that the said person must give full satisfaction therein and otherwise in all manner in the performance of his duties".
Keywords:
contract; fixed-term; interpretation; non-renewal of contract; organisation's interest; work appraisal;
Consideration on prejudice
Extract:
"An official who combines all the necessary qualities has a legitimate expectancy of being offered a new appointment in the position which he occupied [...]. Not only is such an almost absolute quod plerumque fit but also [...] in thus acting the administration has as its objective to create a permanent body of officials experienced in their duties, who are destined to follow a career in the organisation".
Keywords:
career; contract; fitness for international civil service; fixed-term; legitimate expectation; non-renewal of contract; satisfactory service;
On the substance (A)
Extract:
"Any unmotivated decision would not be subject to the general legal review which is vested in the Tribunal, and would be liable to become arbitrary."
At issue is the non-renewal of a fixed-term contract.
Keywords:
contract; duty to substantiate decision; fixed-term; grounds; judicial review; non-renewal of contract;
Judgment 19
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
On the substance (E)
Extract:
Vide Judgment 22, consideration (l).
Reference(s)
ILOAT Judgment(s): 22
Keywords:
conduct; contract; fixed-term; judicial review; member state; non-renewal of contract; official;
Consideration on the substance (E)
Extract:
Vide Judgment 21, consideration on the substance, (e).
Reference(s)
ILOAT Judgment(s): 21
Keywords:
contract; fixed-term; interpretation; non-renewal of contract; organisation's interest; work appraisal;
Consideration (A)
Extract:
Vide Judgment 21, consideration (a).
Reference(s)
ILOAT Judgment(s): 21
Keywords:
contract; duty to substantiate decision; fixed-term; grounds; judicial review; non-renewal of contract;
Consideration on prejudice
Extract:
Vide Judgment 21, consideration on prejudice.
Reference(s)
ILOAT Judgment(s): 21
Keywords:
career; contract; fitness for international civil service; fixed-term; legitimate expectation; non-renewal of contract; satisfactory service;
Judgment 18
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration (A)
Extract:
Vide Judgment 21, consideration (a).
Reference(s)
ILOAT Judgment(s): 21
Keywords:
contract; duty to substantiate decision; fixed-term; grounds; judicial review; non-renewal of contract;
Consideration on the substance (E)
Extract:
Vide Judgment 22, consideration (l).
Reference(s)
ILOAT Judgment(s): 22
Keywords:
conduct; contract; fixed-term; judicial review; member state; non-renewal of contract; official;
Consideration on prejudice
Extract:
Vide Judgment 21, consideration on prejudice.
Reference(s)
ILOAT Judgment(s): 21
Keywords:
career; contract; fitness for international civil service; fixed-term; legitimate expectation; non-renewal of contract; satisfactory service;
Judgment 17
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
On the substance (A)
Extract:
Vide Judgment 21, consideration a.
Reference(s)
ILOAT Judgment(s): 21
Keywords:
contract; duty to substantiate decision; fixed-term; grounds; judicial review; non-renewal of contract;
Consideration on prejudice
Extract:
Vide Judgment 21, consideration on prejudice.
Reference(s)
ILOAT Judgment(s): 21
Keywords:
career; contract; fitness for international civil service; fixed-term; legitimate expectation; non-renewal of contract; satisfactory service;
On the substance (E)
Extract:
Vide Judgment 22, consideration l.
Reference(s)
ILOAT Judgment(s): 22
Keywords:
conduct; contract; fixed-term; judicial review; member state; non-renewal of contract; official;
Judgment 12
4th Session, 1954
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
"The judgement of the Director-General is final and [in the present case] is not subject in law to any rule which has not been observed [...]. In consequence, the Tribunal is not competent to judge the merits of the decision reached by the Director-General in the exercise of the powers conferred on him by the Staff Regulations."
Keywords:
competence of tribunal; contract; discretion; fixed-term; judicial review; non-renewal of contract;
Consideration 11
Extract:
The provision to which the complainant refers "states expressly that the Director-General may retain an official in service until he reaches the age of 65 years but [...] it grants the Director-General discretionary power to decide in which cases exception may be justified."
Keywords:
age limit; contract; discretion; exception; extension beyond retirement age; fixed-term; non-renewal of contract; retirement;
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