Non-renewal of contract (384,-666)
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Keywords: Non-renewal of contract
Total judgments found: 320
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Judgment 3746
123rd Session, 2017
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to renew his fixed-term appointment.
Consideration 8
Extract:
[T]he uncertainty in which the complainant left the Organization with regard to the date of the resumption of his duties was an objective reason not to renew his appointment on its expiry. It follows that the Director General may not be taxed with having abused his discretionary authority.
Keywords:
non-renewal of contract;
Judgment keywords
Keywords:
complaint dismissed; fixed-term; non-renewal of contract;
Consideration 9
Extract:
The Tribunal notes that Staff Regulation 9.9(a) did not entitle WIPO staff members to notice in the event of the non-extension of their fixed-term appointment. The case law of the Tribunal does, however, give them this right (see, for example, Judgments 1544, under 11, and 3353, under 24).
Reference(s)
Organization rules reference: Staff Regulation 9.9(a)
ILOAT Judgment(s): 1544, 3353
Keywords:
non-renewal of contract; notice;
Consideration 6
Extract:
There is nothing in the complaint which would lead the Tribunal to call into question its case law in this area, according to which an official holding a fixed-term appointment does not have a right to the renewal of that appointment on its expiry or to its conversion into a permanent appointment (see Judgment 1349, under 11). International organisations must, however, provide reasons for the decision not to renew a fixed-term contract (see, for example, Judgment 675, under 10 and 11, and more recently Judgment 3353, under 23).
Reference(s)
ILOAT Judgment(s): 675, 1349, 3353
Keywords:
non-renewal of contract;
Judgment 3743
123rd Session, 2017
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the non-renewal of her fixed-term contract.
Consideration 2
Extract:
[A]n organisation has a wide discretion in deciding whether to renew a fixed-term appointment and its right to refuse to renew can be based on unsatisfactory performance (see, for example, Judgments 892, consideration 8, 1405, consideration 4, 1441, consideration 18, and 1711, consideration 4). Nonetheless such a discretionary decision can be successfully impugned if it is fatally flawed by, for example, procedural defects, a failure to take account of some essential fact, abuse or misuse of authority, or if it was based on an error of fact or of law (see, for example, Judgment 3626, consideration 10).
Reference(s)
ILOAT Judgment(s): 892, 1405, 1441, 1711, 3626
Keywords:
discretion; non-renewal of contract;
Judgment keywords
Keywords:
complaint dismissed; non-renewal of contract;
Judgment 3728
123rd Session, 2017
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the abolition of her post and the non-renewal of her fixed-term contract.
Judgment keywords
Keywords:
complaint dismissed; non-renewal of contract;
Judgment 3703
122nd Session, 2016
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the extension by one month and the subsequent non-renewal of his fixed-term contract.
Consideration 12
Extract:
According to the case law, an employee who is in the service of an international organization on a fixed-term contract does not have a right to the renewal of the contract when it expires (see Judgment 3444, under 3). There must certainly be a valid reason not to renew a fixed-term contract and this reason must be given to the staff member (see Judgment 1911, under 6), but the Tribunal nevertheless recognises that the organisation enjoys wide discretion in this matter (see, for example, Judgment 1349, under 11). The decision not to renew a fixed-term contract may be set aside only if it breaches a rule of form or procedure; or if it is based on an error of fact or of law, if some essential fact was overlooked; or if there was an abuse or misuse of authority; or if clearly mistaken conclusions were drawn from the evidence (see, for example, Judgment 3586, under 6, and the case law cited therein).
Reference(s)
ILOAT Judgment(s): 1349, 1911, 3444, 3586
Keywords:
non-renewal of contract;
Judgment keywords
Keywords:
complaint dismissed; fixed-term; non-renewal of contract;
Consideration 9
Extract:
The complainant is wrong to construe this provision as ruling out any possibility of extending a fixed-term contract. These contracts end on their date of expiry unless they are renewed for a period of one to five years. This rule cannot have the absurd effect of rendering it impossible, in exceptional circumstances such as those of the instant case, for the organisation and the official to agree to defer the expiry of the contract in the official’s interests, or for the organisation to decide unilaterally in its own interests to end the official’s appointment at the end of this extension of the contract.
Keywords:
non-renewal of contract;
Consideration 15
Extract:
In refusing to renew the complainant’s fixed-term contract, the Centre, for the reasons stated above, did not abuse its discretionary authority to consider, quite legitimately, that the mismanagement of the project for which he was responsible had gravely undermined the confidence and trust necessary for his further employment and that this warranted the termination of his appointment.
Keywords:
motivation; non-renewal of contract;
Judgment 3683
122nd Session, 2016
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to extend his temporary appointment beyond its expiry date.
Judgment keywords
Keywords:
complaint allowed; decision quashed; internal appeal; non-renewal of contract;
Judgment 3680
122nd Session, 2016
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision not to extend her contract beyond retirement age.
Judgment keywords
Keywords:
complaint dismissed; duress; non-renewal of contract; retirement;
Judgment 3679
122nd Session, 2016
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision not to renew his contract.
Judgment keywords
Keywords:
complaint dismissed; non-renewal of contract; performance report;
Consideration 11
Extract:
[T]he reason for not renewing a contract must be valid, and where, as in the present case, the non-renewal is for unsatisfactory performance, the staff member must be informed in a timely manner as to the unsatisfactory aspects of his performance and be given reasonable time to improve it as an aspect of the organization’s duty of care and good faith.
Keywords:
non-renewal of contract; performance report;
Judgment 3677
122nd Session, 2016
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the Federation’s decisions to abolish her post and not to renew her fixed-term contract.
Judgment keywords
Keywords:
complaint dismissed; non-renewal of contract;
Judgment 3675
122nd Session, 2016
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests IOM’s decision to abolish his post and not to renew his fixed-term appointment.
Judgment keywords
Keywords:
abolition of post; complaint dismissed; non-renewal of contract;
Judgment 3673
122nd Session, 2016
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to renew her fixed-term contract and the subsequent notification that her contract would not be extended to allow her to use her entitlements to certified sick leave.
Judgment keywords
Keywords:
complaint dismissed; internal remedies exhausted; non-renewal of contract; receivability of the complaint;
Judgment 3626
121st Session, 2016
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, a former staff member of the ILO, contests the decision not to renew his fixed-term contract upon its expiry.
Judgment keywords
Keywords:
complaint allowed; decision quashed; fixed-term; non-renewal of contract;
Judgment 3616
121st Session, 2016
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to extend her fixed-term contract and the refusal to grant her a termination indemnity.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; fixed-term; non-renewal of contract; terminal entitlements;
Judgment 3613
121st Session, 2016
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision to terminate his employment for alleged unsatisfactory performance, the Global Fund’s refusal to retract a News Release published on the date of the termination of his employment, and the decision to maintain the News Release on the Fund’s website and its refusal to award compensation for excessive publication, defamation and continued breach of privacy.
Consideration 27
Extract:
It is well settled in the Tribunal’s case law that a staff member whose performance is not considered satisfactory is entitled to be
informed in a timely manner as to the unsatisfactory aspects of her or his performance so that steps may be taken to remedy the deficiencies. The staff member is also entitled to have objectives set in advance so that she or he will know the basis upon which future performance will be based and that their appointment is in jeopardy if there is no improvement. As well, an organization may not terminate a staff member for unsatisfactory performance unless it has complied with its own rules to evaluate that performance. As stated in Judgment 2414, under 23, “[t]hese are fundamental aspects of the duty of an international organisation to act in good faith towards its staff members and to respect their dignity”.
Reference(s)
ILOAT Judgment(s): 2414
Keywords:
fixed-term; non-renewal of contract; performance report; unsatisfactory service; work appraisal;
Judgment 3606
121st Session, 2016
ITER International Fusion Energy Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who had been seconded to the ITER Organization, challenges the decision not to renew his contract upon its expiry.
Judgment keywords
Keywords:
complaint dismissed; non-renewal of contract; secondment;
Judgment 3604
121st Session, 2016
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges inter alia the rejection of her appeal against the non-renewal of her appointment for misconduct.
Judgment keywords
Keywords:
complaint dismissed; misconduct; non-renewal of contract;
Judgment 3596
121st Session, 2016
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to extend his fixed-term appointment and to place him on special leave with pay until his contract expired.
Judgment keywords
Keywords:
complaint allowed; decision quashed; fixed-term; non-renewal of contract; special leave;
Judgment 3594
121st Session, 2016
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision to abolish her post and not to renew her fixed-term appointment.
Considerations 11-12
Extract:
[T]he decision not to renew [the complainant's] contract was taken in violation of the principle of equality.
The complainant is not entitled to reinstatement or material damages on the basis that her contract should have been renewed, as a fixed-term contract carries no right to renewal.
Keywords:
equity; material damages; non-renewal of contract; reinstatement;
Judgment 3586
121st Session, 2016
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the decision not to extend his fixed-term appointment.
Judgment keywords
Keywords:
complaint allowed; decision quashed; due process; duty of care; equity; fixed-term; non-renewal of contract;
Judgment 3582
121st Session, 2016
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to extend her fixed-term appointment following the abolition of her position.
Judgment keywords
Keywords:
abolition of post; complaint allowed; fixed-term; non-renewal of contract;
Judgment 3576
121st Session, 2016
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the non-renewal of his fixed-term contract due to budgetary constraints.
Judgment keywords
Keywords:
budgetary reasons; complaint dismissed; fixed-term; non-renewal of contract;
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