Judgment No. 3680
The complaint is dismissed.
The complainant contests the decision not to extend her contract beyond retirement age.
non-renewal of contract; retirement; duress; complaint dismissed
In rejecting a plea of duress, in Judgment 1075, the Tribunal made statements, in considerations 11, 13, 14 and 17, which provide guidance as to when duress might vitiate a signed agreement [...].
ILOAT Judgment(s): 1075
Consistent precedent has it that while an international organization is obliged to apply its written rules, it must also act in accordance with a consistent practice while that practice is in existence. A staff member may rely on a practice that is created by an announcement, by an administrative circular or otherwise, which is evidence that in the exercise of the discretionary power the head of the organisation will follow a specified administrative procedure. Accordingly, a decision by the executive head of an international organization who has created an established practice in furtherance of the exercise of discretion conferred by a written rule may be vitiated if the decision breaches the existing practice. [...] Consistent precedent also has it that the party who seeks to rely on an unwritten rule or practice bears the burden of proving its substance (see, for example, Judgment 2702, consideration 11).
ILOAT Judgment(s): 2702