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Judgment No. 1052

Decision

THE COMPLAINT IS DISMISSED.

Consideration 3

Extract:

The complainant got word of the decision not to renew his contract before receiving formal notification. "The only date that matters for the purpose of reckoning the time limit in [Article] VII(2) [of the Tribunal's Statute] is the date of formal notification of the final decision in writing."

Reference(s)

ILOAT reference: ARTICLE VII(2) OF THE STATUTE

Keywords

complaint; decision; receivability of the complaint; formal requirements; time limit; date of notification; start of time limit

Summary

Extract:

The complainant worked in the International Labour Office as a language teacher. Though the complainant was not an ILO official, the Tribunal is competent to hear the complaint under Article II(4) of its Statute.

Reference(s)

ILOAT reference: ARTICLE II(4) OF THE STATUTE

Keywords

locus standi; status of complainant; competence of tribunal; iloat statute; contract

Consideration 4

Extract:

"The case law is that a decision not to renew a fixed-term appointment, being discretionary, may be set aside only if it was taken without authority, or in breach of a rule of form or of procedure, [etc]. Although such criteria hold good for the review of all discretionary decisions, the Tribunal will exercise especial caution in reviewing a decision not to confirm the appointment of someone who is still on probation; else probation would fail to serve its purpose as a period of trial. In the case of a probationer the administration must indeed be allowed the widest measure of discretion, and its decision will stand unless the flaw was particularly serious or glaring."

Keywords

contract; probationary period; fixed-term; non-renewal of contract; termination of employment; judicial review; discretion

Consideration 4

Extract:

"Where the reason given for the non-renewal is unsatisfactory performance, the Tribunal will not replace with its own the organisation's view of the complainant's fitness for his duties."

Keywords

work appraisal; contract; fixed-term; non-renewal of contract; unsatisfactory service; judicial review; discretion

Consideration 5

Extract:

The complainant objects to the non-renewal of his appointment after probation. He alleges breach of his right to a hearing. "The plea is unsound because there was no element of disciplinary sanction in the decision. What the administration did was to make an assessment of the complainant's performance and it was under no duty to enter into any dialogue with him on the subject."

Keywords

right to reply; organisation's duties; contract; probationary period; fixed-term; non-renewal of contract; termination of employment



 
Dernière mise à jour: 16.11.2018 ^ haut