Judgment No. 1351

• Organization: International Labour Organization (ILO)
• Date: 13.07.1994
• Original: English
• Judges: Fernando, Douglas, Carroll
• Full judgment text - Full judgment text (french)

Decision

1. THE DIRECTOR-GENERAL'S DECISION OF 3 NOVEMBER 1993 IS QUASHED.
2. THE ORGANISATION SHALL PAY THE COMPLAINANT 15,000 SWISS FRANCS IN DAMAGES.
3. IT SHALL PAY HIM 1,000 SWISS FRANCS IN COSTS.
4. HIS OTHER CLAIMS ARE DISMISSED.

Consideration 11

Extract:

"The Organisation's failure to have the appraisal of the complainant's performance [...] available when it decided not to renew his contract was a procedural flaw which had the effect of excluding an essential fact from consideration."

Keywords

administrative delay; work appraisal; performance report; contract; non-renewal of contract; disregard of essential fact; procedural flaw; material damages

Consideration 13

Extract:

"A decision not to renew a fixed-term contract does not interfere with any contractual right but merely disappoints expectation of further employment. The complainant is not entitled to the exceptional relief of reinstatement but only to an award of damages".

Keywords

decision; exception; damages; legitimate expectation; contract; reinstatement; fixed-term; non-renewal of contract; compensation