Non-renewal of contract (384,-666)
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Keywords: Non-renewal of contract
Total judgments found: 320
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Judgment 2531
101st Session, 2006
World Trade Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9-10
Extract:
"A question remains as to whether the complainant was given sufficient notice of the Organization's intention not to renew his contract. Precedent has it that staff on short-term contracts are entitled, before any decision is taken not to extend or renew their appointment, to 'reasonable notice', particularly so that they may exercise their right to appeal and take whatever action may be necessary. It is true that in this case the short-term Staff Rules do not require any notice, except in the event of termination (when notice is limited to seven days), which does not apply in this case. Account should be taken, however, of the fact that the complainant was employed uninterruptedly by the Organization for more than three years. He was officially notified of the non-renewal of his contract - which until then had been regularly renewed - only by a letter he received on 28 January 2004, that is three days prior to the expiry of his last appointment. The defendant Organization suggests that he was well aware that his contract would not be renewed since he had been informed of that fact first unofficially and then officially on 16 January 2004. It even goes so far as to argue that the announcement of the competition for the complainant's post in the vacancy notice of 27 October 2003 constituted the 'reasonable notice' required by the case law and that, from that date onwards, the complainant knew full well that if he was not selected he would not continue working for the [Organization].
The Tribunal considers that it was only through the non-renewal decision received on 28 January 2004 that the complainant was able to know for certain that he would be leaving the Organization and that he would not be offered any other employment, despite the fact that [...] he had performed many duties, starting in 1998. Thus the situation is not very different from that dealt with by the Tribunal in its Judgment 2104 [...] and it is worth noting that, in its attempt to reach a settlement, the Organization had offered to pay the complainant the equivalent of three months' salary, consisting of two months in lieu of reasonable notice and one month for moral injury. That proposal was reasonable and, in view of the long working relationship between the [Organization] and the complainant and the very brief time that elapsed between the notification of the non-renewal of the contract and the end of the complainant's appointment, the Tribunal will echo that proposal by ruling that the complainant shall be paid a sum equal to three months' salary and allowances."
Reference(s)
ILOAT Judgment(s): 2104
Keywords:
case law; competition; contract; decision; duty to inform; non-renewal of contract; notice; organisation's duties; right of appeal; seniority; separation from service; short-term; staff regulations and rules; vacancy notice;
Judgment 2515
100th Session, 2006
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 18
Extract:
"The decision to advertise the complainant's post [...] was in substance a decision to dismiss him from that post. No reason was ever provided for that decision [...] In the circumstances, it must be concluded that the decision resulted from the management review [conducted by the Chief of the Personnel and Social Protection Department]. In this regard, it is necessary only to observe that that review involved a denial of due process in that the complainant was not told precisely who had criticised his performance or conduct, nor was he told exactly what they had said. Moreover, he was not given an opportunity to question them or to rebut what was put against him. The decision to dismiss him from his post thus involved a serious breach of the requirements of due process."
Keywords:
adversarial proceedings; breach; competition; contract; decision; due process; duty to inform; duty to substantiate decision; non-renewal of contract; organisation's duties; post; post held by the complainant; right to reply; unsatisfactory service; vacancy notice;
Judgment 2468
99th Session, 2005
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 16
Extract:
The complainant's appointment was terminated for unsatisfactory services. "The defendant is not wrong to point out that, except in a case of manifest error, the Tribunal will not substitute its own assessment of a staff member's services for that of the competent bodies of an international organisation. Nevertheless, such an assessment must be made in full knowledge of the facts, and the considerations on which it is based must be accurate and properly established. The Tribunal, which pays considerable attention to these issues in the case of complaints concerning dismissal at the end of a probationary period or the non-renewal of fixed-term contracts on the grounds of unsatisfactory performance, must be even more vigilant where an organisation terminates the appointment of a staff member holding a contract without limit of time, which in principle should secure him against any risk of job loss or insecurity. This applies particularly in the present case, since the staff member concerned by the termination for unsatisfactory services received on the whole satisfactory or even excellent appraisals over a period of 15 years."
Keywords:
complaint; condition; contract; different appraisals; fixed-term; grounds; judicial review; mistake of fact; non-renewal of contract; official; organisation; period; permanent appointment; probationary period; satisfactory service; termination of employment; unsatisfactory service; work appraisal;
Judgment 2456
99th Session, 2005
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9 and 11
Extract:
The complainant joined the Organisation in January 1998 under a fixed-term appointment. His contract, which was extended in 2003, was due to expire on 14 June 2004; it was not renewed due to the implementation of the seven-year tenure rule. He has produced before the Tribunal a document signed by the Director-General containing data about his performance, in which his date of entry on duty was incorrectly shown as 24 May 1997. He contends that the Director-General relied on that data in deciding not to renew his contract. "Since in the implementation of its policy the Organisation was said to be applying a 'first in, first out' rule, an error of over seven months in the calculation of any employee's length of service may be of critical importance. That is especially the case where such apparent error has the effect of indicating wrongly that the employee would at the time of his separation from the Organisation have served more than seven years. The Tribunal considers the alleged errors of fact to be material. [...] The non-renewal decision must be set aside and the Organisation shall be ordered to pay to the complainant the full balance of salary and benefits to which he would have been entitled if he had received a one-year extension of his contract to 14 June 2005. The complainant must account for any earnings from other employment during that period."
Keywords:
allowance; appointment; consequence; contract; date; decision; duration of appointment; enforcement; extension of contract; fixed-term; general principle; mistake of fact; non-renewal of contract; official; organisation's duties; period; reckoning; right; salary; staff member's duties; written rule;
Judgment 2427
99th Session, 2005
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"According to the case law [...], the Tribunal is competent to review the lawfulness of any decision by the Director-General to terminate a staff member's probation. In particular, it may determine whether that decision is based on errors of fact or law, or whether essential facts have not been taken into consideration, or whether clearly mistaken conclusions have been drawn from the facts, or, lastly, whether there has been an abuse of authority. The Tribunal may not, however, replace with its own the executive head's opinion of a staff member's performance, conduct or fitness for international service (see Judgment 318, considerations).
Other cases mention, as further grounds on which the Tribunal will review such decisions, a formal or procedural flaw, or lack of due process (see, for example, Judgments 13, 687, 736, 1017, 1161, 1175, 1183 and 1246) which, it has been noted, must be substantial to invalidate an end-of-probation termination decision."
Reference(s)
ILOAT Judgment(s): 13, 318, 687, 736, 1017, 1161, 1175, 1183, 1246
Keywords:
abuse of power; case law; competence of tribunal; conduct; contract; decision; decision quashed; disregard of essential fact; evidence; executive head; fitness for international civil service; flaw; formal flaw; grounds; judicial review; limits; mistake of fact; mistaken conclusion; misuse of authority; non-renewal of contract; probationary period; procedural flaw; termination of employment; tribunal; work appraisal;
Consideration 4
Extract:
"[T]he vacancy notice stipulated: «Good knowledge of English or French; basic knowledge of the other language or an understanding to acquire it rapidly». The complainant denies that the importance of acquiring rapidly a basic knowledge of French was clearly explained to him, but his denial fails to take into account that even the vacancy notice was unambiguous in that regard. The Tribunal finds, from the evidence on file, that he was sufficiently warned, at the beginning of his probation period and later on, about the language requirements for his post. It is clear, and the complainant admits, that his knowledge of French did not improve enough to enable him to participate in meetings, right to the end of his probation period. That alone constitutes sufficient cause for his negative end-of-probation report. Such cause, and the resulting termination of his appointment, could not possibly have surprised him."
Keywords:
consequence; duty to inform; grounds; knowledge of languages; non-renewal of contract; organisation's duties; probation report; probationary period; staff member's duties; termination of employment; vacancy notice;
Judgment 2414
98th Session, 2005
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 24
Extract:
"The fundamental considerations which lead to the conclusion that an organisation must comply with the rules which it has established also dictate the conclusion that 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." That is true for salary increments as well as for decisions not to convert or renew a contract.
Keywords:
contract; decision; due process; fixed-term; grounds; increase; increment; non-renewal of contract; patere legem; permanent appointment; salary; unsatisfactory service; work appraisal;
Judgment 2408
98th Session, 2005
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 23
Extract:
"[T]he decision not to renew her contract was not taken in implementation of the staff turnover policy [but] to rid the OPCW of the serious personal and professional conflict that existed between two senior members of the Secretariat and to avoid the necessity of taking steps to resolve that conflict. That was an improper purpose and to take a decision for that reason under cover of implementation of the staff turnover policy is both an abuse of authority and an act which demonstrates want of good faith."
Keywords:
abuse of power; contract; decision; good faith; grounds; misuse of authority; non-renewal of contract; organisation's duties; purpose; working relations;
Judgment 2406
98th Session, 2005
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 14
Extract:
"[T]he defendant is right to point out that the complainant held only fixed-term expert's contracts [and] that he had no right to renewal [...]. Nevertheless, the decision not to renew his contract should be based on valid reasons."
Keywords:
contract; decision; duty to substantiate decision; fixed-term; grounds; non-renewal of contract; organisation's duties; right;
Judgment 2376
98th Session, 2005
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
The complainant's contract was not renewed. He later reached a settlement agreement with the ILO which stated that the decision not to renew his contract would have no consequence on any future application submitted by him. He alleges a breach of the terms of the settlement agreement. "[T]he settlement, concluded well after the complainant's loss of his position as a staff member, was not a term or condition of his appointment, nor did it form part of the Staff Regulations. The Statute [of the Tribunal], in Article II(4), requires that where the dispute relates to an agreement outside the terms of employment of a staff member, the agreement must contain a provision giving the Tribunal competence over disputes with regard to its execution so that the Tribunal can hear such a dispute. There is none. The complaint is [therefore] irreceivable."
Reference(s)
ILOAT reference: Article II, paragraph 4, of the Statute
Keywords:
breach; candidate; competence of tribunal; consequence; contract; date; iloat statute; non-renewal of contract; official; post; provision; receivability of the complaint; staff regulations and rules; status of complainant; vested competence;
Judgment 2373
97th Session, 2004
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
After the decision not to renew his contract the complainant was placed on special leave with full pay until the end of the contract and his access to the building was withdrawn. When he went to the OPCW's premises in order to hand in his request for review, he was escorted at all times by a security officer. The complainant considered this treatment to be an affront to his dignity. "Without in any way denying that the OPCW, like many other international organisations, must be vigilant about matters of internal security, the Tribunal notes that neither in the impugned decision nor in its reply does the Organisation give any explanation as to why it was thought necessary to treat the complainant in such a humiliating manner. Except in the most urgent cases, the requirements of security can almost always be fully met while still respecting the rights and dignity of individuals. This is especially so where [...] there is no breach of discipline involved and the person concerned has for many years occupied a position of trust to the Organisation's apparent complete satisfaction. [...] The Tribunal assesses [the moral] damages at 10,000 euros [...]."
Keywords:
assignment; breach; contract; grounds; injury; moral injury; non-renewal of contract; organisation; organisation's duties; reply; respect for dignity; right; salary; satisfactory service; special leave;
Consideration 6
Extract:
The complainant's contract was not renewed. He claims that his new supervisor was prejudiced against him. "While it is clear that the complainant's new supervisor did not have the same high view of his qualities as did [his previous supervisor], that is a long way from demonstrating that there has been an abuse of authority."
Keywords:
abuse of power; bias; contract; lack of evidence; misuse of authority; non-renewal of contract; supervisor; work appraisal;
Judgment 2351
97th Session, 2004
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 7(c) and 8(a)
Extract:
When he was recruited the complainant provided a copy of a diploma but its authenticity was questioned a few years later. The matter was queried with the educational establishment and the Secretary-General then issued the complainant a written censure. The Tribunal considers that "there was not sufficient proof either that the diploma was not issued to the complainant [...] or that the latter had been informed that, according to the [educational establishment], he was not entitled to receive it. The Secretary-General might have enquired further into the aspects which remained uncertain, but did not do so. The 'likelihood' referred to by the Secretary-General, if it is not incontrovertibly ascertained, cannot make up for the lack of conclusive evidence. Based as it is on an arbitrary appraisal of the facts, the impugned decision as far as it concerns the disciplinary sanction must therefore be set aside. Although it did not give rise to a written decision, the non-renewal of the short-term contract was based on charges levelled against the complainant in the course of the disciplinary procedure. The mere cancellation of the disciplinary sanction must entail that of the decision of non-renewal."
Keywords:
bias; consequence; contract; decision; decision quashed; degree; disciplinary measure; disciplinary procedure; executive head; grounds; implied decision; inquiry; investigation; lack of evidence; non-renewal of contract; organisation's duties; right; short-term; terms of appointment; warning;
Judgment 2315
96th Session, 2004
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 17
Extract:
The Commission adopted a directive stipulating that staff members appointed to the Professional and higher categories and internationally recruited staff should not, except in certain limited exceptions, remain in service for more than seven years. In accordance with this directive, the complainant's contract was not renewed. "Much of the complainant's argument is directed to the proposition that the Commission cannot secure services of the standard specified in [Staff] Regulation 4.2 if it cannot retain those services beyond seven years, particularly as it has to compete for staff with other international organisations. That proposition is not self-evidently correct. Nor is it established by pointing, as the complainant does in his submissions, to international organisations which have a similar policy and which, according to the complainant, have or may have had difficulties in recruiting and retaining suitable staff. Moreover, [...] exceptions [are allowed] in the case of a need to retain 'essential expertise or memory in the Secretariat' ensures that, to that extent, its staffing needs can be satisfied."
Reference(s)
Organization rules reference: CTBTO PrepCom's Staff Regulation 4.2
Keywords:
appointment; career; contract; enforcement; exception; general principle; lack of evidence; limits; non-local status; non-renewal of contract; official; organisation; professional category; qualifications; safeguard; staff regulations and rules; terms of appointment; written rule;
Consideration 32
Extract:
"The Tribunal may, when setting aside a flawed decision not to renew a contract, order renewal for an appropriate term, as was done in Judgments 1298 and 1633. But it does so only if that is clearly the fair course to take. That was the situation in Judgment 1633 where, in practical terms, the question for decision was not whether a contract should be renewed but whether it should be renewed for two or for five years."
Reference(s)
ILOAT Judgment(s): 1298, 1633
Keywords:
competence of tribunal; condition; contract; decision; equity; flaw; iloat; judgment of the tribunal; non-renewal of contract; period; settlement out of court;
Consideration 20
Extract:
The Commission adopted a directive stipulating that staff members appointed to the Professional and higher categories and internationally recruited staff should not, except in certain limited exceptions, remain in service for more than seven years. In accordance with this directive, the complainant's contract was not renewed. "Although the embodiment of the seven year policy in [the] directive may properly be viewed as the prescribing of a term or condition upon which fixed-term contracts may be granted, it does not itself operate as the imposition of that term or condition. To be effective, a term or condition of the kind now in question must be incorporated in the contract, even if only by reference: a reference to the Staff Regulations and Rules is not sufficient because they do not incorporate the [...] directive in question. By implementing the seven year policy in the way that he purported to do in the present case, the Executive Secretary was attempting to enforce a term or condition that was not incorporated in the contract between the complainant and the Preparatory Commission."
Keywords:
appointment; career; complainant; condition; contract; effect; enforcement; exception; executive head; fixed-term; general principle; limits; non-local status; non-renewal of contract; official; organisation; professional category; staff regulations and rules; terms of appointment; written rule;
Judgment 2312
96th Session, 2004
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
Under the EMBL Staff Rules and Regulations, there is no provision to appeal internally the non-renewal of a contract. "There is [...] no merit to the Laboratory's suggestion that the deliberate exclusion in the Staff Rules and Regulations of an internal appeal mechanism with regard to the non-renewal of a contract operates so as to exclude complaints to the Tribunal. The Tribunal's jurisdiction is not determined by an organisation's Staff Rules but by the terms of the Tribunal's own Statute and the defendant organisation's submission to it. Thus, an organisation cannot unilaterally preclude the right to lodge a complaint. While it is the case that the Tribunal will often defer to discretionary decisions, the fact that a decision is discretionary does not take it outside of the Tribunal's jurisdiction. Although a discretionary decision may warrant significant deference, it is still reviewable."
Keywords:
acceptance; competence of tribunal; complaint; consequence; contract; decision; definition; discretion; effect; iloat; iloat statute; internal appeal; judicial review; no provision; non-renewal of contract; omission; organisation; procedure before the tribunal; provision; right; right of appeal; staff regulations and rules;
Consideration 6
Extract:
"The complainant asserts that she was not given reasons for the decision not to renew her contract prior to the decision being taken. [...] The right to receive written reasons [...] implies the right to be given detailed reasons for a decision once it has been made, not prior to its making. This right ensures that an appeal can properly be taken from that decision."
Keywords:
condition; consequence; contract; date; date of notification; decision; grounds; non-renewal of contract; purpose; right; right of appeal;
Judgment 2307
96th Session, 2004
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9-10
Extract:
The investigation of a complaint filed by an international civil servant should not be used subsequently as the basis for an appraisal report, and even less to justify the termination of a contract.
The complainant is, accordingly, right in maintaining that the assessment which led the Reports Board to recommend that her contract should not be extended and the Director-General subsequently to endorse that recommendation, was based on information which should not have been taken into consideration.
Keywords:
internal appeal; non-renewal of contract; official; organisation's duties; performance report; submissions; termination of employment;
Judgment 2259
95th Session, 2003
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
Compliance with the rules of procedure is among the guarantees offered to international civil servants. There is nothing to suggest that the omission of a formality has no adverse effects on the situation of the staff members concerned. In the present case, a written proposal by the Director of the Administration Division would have been particularly necessary for consideration of the complainant's case. His plea based on the breach of Administrative Directive No. 20 (Rev.2) therefore succeeds.
Keywords:
contract; due process; effect; non-renewal of contract; omission; organisation's duties; procedure before the tribunal; safeguard; separation from service;
Judgment 2213
95th Session, 2003
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6(a)
Extract:
The Tribunal had dismissed the complaint by which the complainant impugned the non-renewal of his appointment. In his application for review of that judgment, he submits that a post intended for him had been mentioned in the draft programme and budget and that, since the document had been approved as it stood by the General Conference, this implied his appointment to the post at issue. "The question arises as to whether such an argument affords grounds for review. It is not necessary to answer that question, considering that the fact does not appear to be decisive, since the adoption of a budget could [...] not be interpreted as a decision to make an appointment."
Keywords:
acceptance; admissible grounds for review; application for review; appointment; assignment; consequence; contract; decision; executive body; inadmissible grounds for review; interpretation; non-renewal of contract; post;
Judgment 2198
94th Session, 2003
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 12-13
Extract:
The complainant worked, from 1993 to 2000, under a series of short-term contracts of varying durations. "It was clearly within the discretionary authority of the Director-General to decide whether to renew the complainant's short-term contract or offer him a fixed-term contract. The complainant cannot now claim to be treated retroactively as if he had a fixed-term contract; he was at all times a short-term staff member (see, for example, Judgment 2107, under 10). [...] Precedent has it that, at the discretion of the executive head, a temporary appointment may be extended or converted to a fixed-term appointment, but it does not carry any expectation of, nor imply any right to, such extension or conversion and shall, unless extended or converted, expire according to its terms, without notice or indemnity (see, in particular, Judgment 1560, under 4)."
Reference(s)
ILOAT Judgment(s): 1560, 2107
Keywords:
contract; discretion; duration of appointment; executive head; fixed-term; non-renewal of contract; non-retroactivity; notice; right; short-term; successive contracts; terminal entitlements;
Judgment 2175
94th Session, 2003
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11(c)
Extract:
"The complainant states that the Director-General based the decision not to renew his contract on the false assumption that he was using [his] project for self-enrichment purposes. If that were true, however, it would be grounds for immediate termination and not merely non-renewal of a fixed-term contract."
Keywords:
contract; decision; executive head; fixed-term; grounds; misconduct; mistake of fact; non-renewal of contract; termination of employment; unjust enrichment;
Judgment 2171
94th Session, 2003
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The non-renewal of a fixed-term contract is not the same thing as termination and does not give rise to any termination indemnity."
Keywords:
contract; difference; fixed-term; non-renewal of contract; terminal entitlements; termination of employment;
Judgment 2162
93rd Session, 2002
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Where a notice period ends after the expiry of a fixed-term contract, the notice requirement will be met if the contract is extended by the amount of time needed to make up the full period of notice."
Keywords:
contract; duration of appointment; extension of contract; fixed-term; non-renewal of contract; notice; organisation's duties; separation from service;
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