Non-renewal of contract (384,-666)
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Keywords: Non-renewal of contract
Total judgments found: 320
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Judgment 3448
119th Session, 2015
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal dismissed the complaint because the non-renewal of a fixed-term contract is discretionary.
Consideration 8
Extract:
"The Tribunal’s case law requires an international organization to give reasonable notice of the non-renewal of a fixed-term appointment."
Keywords:
fixed-term; non-renewal of contract; notice;
Judgment keywords
Keywords:
complaint dismissed; non-renewal of contract;
Consideration 6
Extract:
"[A]s the Tribunal has stated in Judgment 2171, under 4, the non-renewal of a fixed-term contract is not the same thing as termination and does not give rise to any termination indemnity."
Reference(s)
ILOAT Judgment(s): 2171
Keywords:
fixed-term; non-renewal of contract; terminal entitlements;
Consideration 7
Extract:
"It is well established in the Tribunal’s case law that the non-renewal of a fixed-term contract is discretionary. Such a decision is subject to only limited review by the Tribunal, which respects the freedom of an international organization to determine its own staffing requirements and the career prospects of staff members. A person who is employed on a fixed-term contract does not have a right or a legitimate expectation to a contract extension. Accordingly, the Tribunal will not interfere with a decision not to extend such a contract unless the decision was made without authority, or in breach of a rule of procedure, or was based on a mistake of fact or of law, or overlooked some essential fact, or amounted to an abuse of authority."
Keywords:
discretion; fixed-term; judicial review; legitimate expectation; non-renewal of contract;
Judgment 3444
119th Session, 2015
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal accepted the complainant's argument that he had not been provided with clear and valid reasons for not renewing his contract.
Judgment keywords
Keywords:
complaint allowed; non-renewal of contract;
Considerations 3 and 4
Extract:
"The Tribunal has consistently stated that 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. Staff Rule 104.4(a) states that a contract ends on the expiration date stated in the letter of appointment. The complainant’s contract would have expired on 31 December 2011, but for the two additional months’ notice to comply with its internal practice to satisfy Staff Regulation 9.2. He does not challenge the reasonableness of the notice which he received.
The Tribunal has further consistently stated that the decision whether to extend or renew a fixed-term appointment lies within the discretion of the organization. This discretion is subject to only limited review by the Tribunal. The Tribunal will not substitute its own assessment for that of the organization. A decision in the exercise of the discretion may only be quashed or set aside for unlawfulness or illegality in the sense that it was taken without authority, or in breach of a rule of form or procedure, or if it rested on an error of fact or of law, if some essential fact was overlooked, or if there was an abuse of authority, or if clearly mistaken conclusions were drawn from the evidence (see, for example, Judgments 3299, under 6, 2861, under 83, and 2850, under 6). Notwithstanding this, where the abolition of an office by virtue of re-organization of a department or unit is proffered as the reason for the non-renewal of a contract, this must be done on objective grounds and not as a pretext for removing undesirable staff as that would be considered an abuse of authority (see, for example, Judgments 1231, under 26, and 2830, under 6, recently confirmed in Judgment 3353, under 13-16). The decision must also be taken by the competent authority (see, for example, Judgment 1273, under 8). Moreover, the Tribunal has consistently stated that notwithstanding the discretionary nature of such a decision, it must be taken for a valid reason that is given to the staff member (see, for example, Judgment 1154, under 4)."
Reference(s)
ILOAT Judgment(s): 1154, 1231, 1273, 2830, 2850, 2861, 3299, 3353
Keywords:
fixed-term; non-renewal of contract;
Judgment 3443
119th Session, 2015
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant unsuccessfully impugns the decision for the non-renewal of his contract.
Consideration 3
Extract:
"The person concerned by a decision not to renew a fixed-term contract upon its expiry is entitled to be given the reasons for that decision. However, the Tribunal grants organisations considerable discretionary authority in this area. It will set aside such a decision only if it is ultra vires, or shows a formal or procedural flaw or an error of fact or of law, or if a material fact has been overlooked, or if there has been abuse of authority, or if a plainly wrong conclusion has been drawn from the evidence. (See Judgments 230, under 1, 2916, under 3, and 2991, under 13.)"
Reference(s)
ILOAT Judgment(s): 230, 2916, 2991
Keywords:
fixed-term; non-renewal of contract;
Judgment keywords
Keywords:
complaint dismissed; non-renewal of contract;
Judgment 3440
119th Session, 2015
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant unsuccessfully challenges the decision to terminate her appointment for unsatisfactory performance at the end of her probationary period.
Judgment keywords
Keywords:
complaint dismissed; non-renewal of contract; privileges and immunities;
Judgment 3439
119th Session, 2015
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenges the decision to terminate his appointment after the abolition of his post, as the Tribunal found that, due to the Organisation's failings, he had lost a valuable opportunity to be reassigned to another post.
Judgment keywords
Keywords:
abolition of post; complaint allowed; non-renewal of contract;
Judgment 3425
119th Session, 2015
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: After his contract was terminated, the complainant successfully challenges the rejection of his appeal, for lack of formal notification.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; internal appeal; non-renewal of contract;
Judgment 3423
119th Session, 2015
Global Fund to Fight AIDS, Tuberculosis and Malaria
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal found that the impugned implied decision was flawed.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; decision quashed; fixed-term; internal appeal; non-renewal of contract;
Judgment 3417
119th Session, 2015
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal found that IOM's failure to ensure compliance with its performance evaluation procedures warranted an award of moral damages to the complainant.
Judgment keywords
Keywords:
complaint allowed; fixed-term; non-renewal of contract;
Consideration 6
Extract:
"[W]hile there is an undoubted right of an organisation to decide not to renew a fixed-term contract, it does not follow that an organisation is, additionally, immune from any liability if it has failed to follow its own procedures designed to monitor, assess and evaluate staff performance and progress. The fundamental purpose of such procedures is to explicitly alert a staff member to identified deficiencies in her or his performance and thus give the staff member an opportunity to address those deficiencies and improve performance. The interaction of such procedures and decisions not to renew fixed-term contracts was discussed by the Tribunal in Judgment 2991, under 13 [...]."
Reference(s)
ILOAT Judgment(s): 2991
Keywords:
fixed-term; non-renewal of contract; performance report; work appraisal;
Judgment 3415
119th Session, 2015
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant unsuccessfully challenges the decision not to extend his fix-term contract beyond the normal tour of service.
Judgment keywords
Keywords:
complaint dismissed; non-renewal of contract;
Judgment 3410
119th Session, 2015
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenges IFAD's decision not to consider his appeal against the non-renewal of his contract.
Judgment keywords
Keywords:
case sent back to organisation; complaint allowed; internal appeal; non-renewal of contract;
Judgment 3409
119th Session, 2015
International Fund for Agricultural Development
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal awarded the complainants material and moral damages stemming from IFAD's unlawful decisions and violation of its duty of care.
Judgment keywords
Keywords:
complaint allowed; decision quashed; non-renewal of contract; reassignment;
Judgment 3368
118th Session, 2014
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal considered that the complainant’s employment under short-term contracts was unlawful and that the Organisation failed to provide reasonable notice of non-renewal.
Judgment keywords
Keywords:
non-renewal of contract; short-term;
Judgment 3367
118th Session, 2014
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The Tribunal dismissed the complaint filed against the decision to not renew the complainant’s contract on the ground that his employment under short-term contracts was lawful.
Consideration 11
Extract:
"The Tribunal’s role in reviewing decisions not to renew contracts for budgetary reasons is extremely limited (see, for example, Judgments 1044, under 3; 2362, under 7; and 3103, under 8)."
Reference(s)
ILOAT Judgment(s): 1044, 2362, 3103
Keywords:
budgetary reasons; non-renewal of contract;
Judgment keywords
Keywords:
complaint dismissed; non-renewal of contract; short-term;
Judgment 3362
118th Session, 2014
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision not to renew his short-term contract and not to advertise his post.
Consideration 16
Extract:
"[I]t is clear from the actual wording of Rule 9.E a) of the Staff Rules applicable to staff members engaged for conferences and other short-term service, expressly reproduced in that contract, and from the consistent case law of the Tribunal, that a short term contract ordinarily ends automatically, without prior notice, on the expiration date of the period for which it was concluded. It is true that, according to the case law, an international organisation is nevertheless obliged to give a reasonable period of prior notice where a staff member has been employed continuously under such contracts for a period of time exceeding that which corresponds to a purely temporary assignment (see Judgments 2104, under 6, and 2531, under 9)."
Reference(s)
ILOAT Judgment(s): 2104, 2351
Keywords:
contract; non-renewal of contract; notice; short-term;
Judgment keywords
Keywords:
complaint dismissed; non-renewal of contract; promise; short-term;
Judgment 3353
118th Session, 2014
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainants challenge the non-renewal of their contracts following a restructuring process and obtain moral damages for the serious affront to their dignity and the failure to give reasonable notice.
Judgment keywords
Keywords:
complaint allowed; fixed-term; non-renewal of contract; staff reduction;
Considerations 15-16
Extract:
"[T]he enquiry into the lawfulness of the non-renewal of the complainants’ employment extends further than these considerations. The Tribunal’s case law recognises other obligations on an international organisation where it does not renew a staff member’s fixed-term contract. According to the case law, substantively, a decision not to renew a fixed-term contract must be based on objective and valid grounds. There are also formal requirements. These, however, are to be assessed against the background of the consistent statements by the Tribunal that the decision not to renew a fixed-term contract is discretionary and can be reviewed only on limited grounds (see Judgments 2933, under 10, 2830, under 6, 1231, under 26, and 1154, under 4).
Accordingly, the Tribunal will not substitute its own assessment for that of the organisation. The Tribunal will only impeach such a decision if it is ultra vires: that is, if the decision is tainted by a legal or procedural irregularity; is based on incorrect facts; if essential facts have not been considered or wrong conclusions have been drawn from the facts, or if the decision is based on an error of fact or law or amounts to an abuse of authority (see, for example, Judgments 2850, under 6, 2861, under 83, and 3299, under 6)."
Reference(s)
ILOAT Judgment(s): 1154, 1231, 2830, 2850, 2861, 2933, 3299
Keywords:
fixed-term; non-renewal of contract;
Judgment 3329
117th Session, 2014
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant impugns the decision not to renew his contract after he refused to be reassigned, and obtains its quashing on the ground that this decision was tantamount to a hidden disciplinary measure.
Judgment keywords
Keywords:
complaint allowed; decision quashed; non-renewal of contract;
Judgment 3299
116th Session, 2014
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully impugns a decision to keep in her personal file a warning letter and the non-renewal of her contract.
Judgment keywords
Keywords:
complaint allowed; harassment; non-renewal of contract; performance report;
Consideration 28
Extract:
The JARB recommended that the Organization should renew the complainant’s contract in another suitable position. The Tribunal is cognisant of the fact that the complainant was on a short-term contract. The Tribunal is also cognisant of the practical difficulties that would arise given the effluxion of time since the non-renewal of the complainant’s contract. In these circumstances, reinstatement is not a viable option.
Keywords:
non-renewal of contract; reinstatement;
Judgment 3286
116th Session, 2014
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: Non-extension of a fixed-term contract. Failure to investigate allegations of harassment.
Consideration 25
Extract:
"Even if the complainant was perceived to be a difficult staff member to deal with and was perceived to have been performing unsatisfactorily in fairly fundamental ways, she was entitled to have the unsatisfactory performance procedures followed and probably well before the decision was taken not to renew her contract [...]."
Keywords:
non-renewal of contract; organisation's duties; unsatisfactory service;
Judgment 3282
116th Session, 2014
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenged the decision not to renew his contract based on an "overall assessment" that his performance was below the acceptable level.
Consideration 3
Extract:
"The guarantee of access to justice is a guarantee of access to a judge, which the complainant has in his ability to bring a complaint before the Tribunal. [...] In this case, Article VI.1.02 of the Staff Rules provides that there is no internal remedy for decisions regarding non-renewal of contract and as such, the complainant has direct access to the Tribunal."
Reference(s)
Organization rules reference: Article VI.1.02 of the Staff Rules
Keywords:
competence of tribunal; internal appeal; judicial review; non-renewal of contract; right; staff regulations and rules;
Judgment keywords
Keywords:
breach; compensation; complaint allowed; contract; decision quashed; duty of care; flaw; material injury; moral injury; non-renewal of contract;
Consideration 5
Extract:
As in Judgment 2916, under 4, the Tribunal holds that “an organisation may not in good faith end someone’s appointment for poor performance without first warning him and giving him an opportunity to do better […]. Moreover, it cannot base an adverse decision on a staff member’s unsatisfactory performance if it has not complied with the rules established to evaluate that performance […].” [...] Consistent case law states that “[a] staff member whose service is not considered satisfactory is entitled to be informed in a timely manner as to the unsatisfactory aspects of his or her service so that steps can be taken to remedy the situation” (see Judgment 2414, under 23).
Reference(s)
ILOAT Judgment(s): 2414, 2916
Keywords:
fixed-term; non-renewal of contract; performance report; unsatisfactory service; work appraisal;
Judgment 3264
116th Session, 2014
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully impugns the decision not to renew her contract after an extension of her probationary period and is granted damages.
Judgment keywords
Keywords:
breach; complaint allowed; confidential evidence; decision quashed; disclosure of evidence; discretion; due process; duty to inform; extension of contract; general principle; good faith; judicial review; non-renewal of contract; organisation's duties; performance report; probationary period; procedural flaw; respect for dignity; right to reply; unsatisfactory service; work appraisal;
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