Judgment No. 3743

• Organization: Food and Agriculture Organization of the United Nations (FAO)
• Date: 08.02.2017
• Original: English
• Judges: Barbagallo, Moore, Rawlins
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

The complainant challenges the non-renewal of her fixed-term contract.

Judgment keywords

Keywords

non-renewal of contract; complaint dismissed

Consideration 2

Extract:

[A]n organisation has a wide discretion in deciding whether to renew a fixed-term appointment and its right to refuse to renew can be based on unsatisfactory performance (see, for example, Judgments 892, consideration 8, 1405, consideration 4, 1441, consideration 18, and 1711, consideration 4). Nonetheless such a discretionary decision can be successfully impugned if it is fatally flawed by, for example, procedural defects, a failure to take account of some essential fact, abuse or misuse of authority, or if it was based on an error of fact or of law (see, for example, Judgment 3626, consideration 10).

Reference(s)

ILOAT Judgment(s): 892, 1405, 1441, 1711, 3626

Keywords

non-renewal of contract; discretion

Consideration 3

Extract:

[T]he executive head of an international organisation is under a duty to provide reasons for rejecting a recommendation by an internal appeal body (see, for example, Judgment 3208, consideration 11).

Reference(s)

ILOAT Judgment(s): 3208

Keywords

motivation

Consideration 12

Extract:

The complainant bears the burden of proving malice, bad faith or misuse of authority (see, for example, Judgments 3543, consideration 20, and 3678, consideration 6).

Reference(s)

ILOAT Judgment(s): 3543, 3678

Keywords

burden of proof; misuse of authority; bad faith; malice; abuse of power