Judgment No. 3703
Decision
The complaint is dismissed.
Summary
The complainant contests the extension by one month and the subsequent non-renewal of his fixed-term contract.
Judgment keywords
Keywords
fixed-term; non-renewal of contract; complaint dismissed
Consideration 6
Extract:
It is true that, as the complainant submits, an advisory appeal body should not limit its power to review discretionary decisions in the same was as a judicial body would do (see Judgment 3125, under 12), but this was not what the Joint Committee did. The issue it had to resolve, having regard to the all the circumstances of the case, was that of the lawfulness of the non-renewal of a fixed-term contract. It might well have proposed a solution which it deemed to be more consonant with the principle of proportionality, but it was by no means obliged to do so, as it considered that the complainant’s criticism was unfounded.
Reference(s)
ILOAT Judgment(s): 3125
Keywords
internal appeals body; proportionality
Consideration 9
Extract:
The complainant is wrong to construe this provision as ruling out any possibility of extending a fixed-term contract. These contracts end on their date of expiry unless they are renewed for a period of one to five years. This rule cannot have the absurd effect of rendering it impossible, in exceptional circumstances such as those of the instant case, for the organisation and the official to agree to defer the expiry of the contract in the official’s interests, or for the organisation to decide unilaterally in its own interests to end the official’s appointment at the end of this extension of the contract.
Keywords
non-renewal of contract
Consideration 12
Extract:
According to the case law, 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 (see Judgment 3444, under 3). There must certainly be a valid reason not to renew a fixed-term contract and this reason must be given to the staff member (see Judgment 1911, under 6), but the Tribunal nevertheless recognises that the organisation enjoys wide discretion in this matter (see, for example, Judgment 1349, under 11). The decision not to renew a fixed-term contract may be set aside only if it breaches a rule of form or procedure; or if it is based on an error of fact or of law, if some essential fact was overlooked; or if there was an abuse or misuse of authority; or if clearly mistaken conclusions were drawn from the evidence (see, for example, Judgment 3586, under 6, and the case law cited therein).
Reference(s)
ILOAT Judgment(s): 1349, 1911, 3444, 3586
Keywords
non-renewal of contract
Consideration 15
Extract:
In refusing to renew the complainant’s fixed-term contract, the Centre, for the reasons stated above, did not abuse its discretionary authority to consider, quite legitimately, that the mismanagement of the project for which he was responsible had gravely undermined the confidence and trust necessary for his further employment and that this warranted the termination of his appointment.
Keywords
non-renewal of contract; motivation
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