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Judgment No. 592

Decision

THE COMPLAINT IS DISMISSED.

Consideration 6

Extract:

The report on the complainant's performance expresses reservations about it; it appears from several items filed that there was disagreement between the complainant and those he was in touch with. "The Tribunal accordingly holds that the [...] decision [not to renew the complainant's appointment] should be deemed to be in the ITU's interests and therefore suffers from none of the defects which would entitle the Tribunal to set it aside. In particular it does not draw any clearly mistaken conclusions from the facts. The complaint must therefore be dismissed."

Keywords

contract; fixed-term; non-renewal of contract; working relations; organisation's interest

Summary

Extract:

The organisation argues that by accepting the final extension of his appointment, the complainant waived his right to appeal and the complaint is irreceivable because it is in breach of the principles of good faith and estoppel. The Tribunal holds that waiver of a right to bring action may not be presumed; waiver is binding only if it is express or clearly implied on the facts. Mere acceptance of a decision giving him partial satisfaction does not necessarily denote waiver of the claims which had not yet been met.

Keywords

receivability of the complaint; waiver of right of appeal; good faith; contract; extension of contract; acceptance; condition; estoppel

Consideration 5

Extract:

"An organisation may not get rid of a [fixed-term] staff member as it pleases, and without stating reasons, when the period of his appointment expires. It must take care that its decision suffers from none of the defects which entitle the Tribunal to set it aside."

Keywords

duty to substantiate decision; contract; fixed-term; non-renewal of contract; discretion

Summary

Extract:

The complainant has no right to conversion of his fixed-term contract into a permanent one. There is no provision in the Staff Regulations and Staff Rules which says that the incumbent of a permanent post should perforce have a permanent appointment.

Keywords

amendment to the rules; no provision; contract; duration of appointment; fixed-term; permanent appointment; right

Consideration 4

Extract:

"The case law is that whether or not to extend an appointment is a matter of discretion. The Tribunal may exercise only a limited power of review over such a decision".

Keywords

contract; fixed-term; non-renewal of contract; judicial review; discretion

Consideration 3

Extract:

The complainant was appointed for a fixed term. "It is immaterial that he received assurances about the possibility of confirmation, that he holds a permanent post. That his predecessor had a permanent appointment and that other staff members have been granted permanent appointments after fixed-term ones. None of these facts warrants the grant of the permanent appointment. In particular there is no provision in the Staff Regulations and Staff Rules which says that the incumbent of a permanent post should perforce have a permanent appointment."

Keywords

amendment to the rules; contract; post; duration of appointment; fixed-term; permanent appointment; non-renewal of contract; right



 
Last updated: 31.03.2020 ^ top