Judgment No. 2916
1. The decision of the Secretary-General of 29 August 2008 is set aside.
2. The ITU shall pay the complainant 50,000 Swiss francs for material and moral damages.
3. It shall also pay her costs in the sum of 7,500 francs.
4. The complaint is otherwise dismissed.
"[E]ven though notification of non-renewal is simply notification that the contract will expire according to its terms, the Tribunal's case law has it that that notification is to be treated as a decision having legal effect for the purposes of Article VII(1) of its Statute [...]. Accordingly, it may be challenged in the same way as any other administrative decision."
ILOAT reference: Article VII, paragraph 1, of the Statute
ILOAT Judgment(s): 1317, 2573
complaint allowed; complaint allowed in part; decision; right of appeal; decision quashed; case law; staff regulations and rules; contract; fixed-term; non-renewal of contract; notice; safeguard
"[W]here the ground for non-renewal is unsatisfactory performance, the Tribunal will not substitute its own assessment for that of the organisation concerned [...]. However, 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 [...]."
ILOAT Judgment(s): 1262, 1583, 2414
complaint allowed; complaint allowed in part; grounds; tribunal; case law; good faith; organisation's duties; staff regulations and rules; work appraisal; performance report; contract; fixed-term; non-renewal of contract; unsatisfactory service; warning; judicial review; discretion
"[P]erformance appraisal procedures must be 'both transparent and adversarial'. That is unlikely to be the case where the prescribed procedures are not observed."
ILOAT Judgment(s): 2836
complaint allowed; complaint allowed in part; case law; adversarial proceedings; due process; organisation's duties; work appraisal; performance report; procedural flaw