Judgment No. 1128
THE COMPLAINT IS DISMISSED.
As stated in Judgment 675, "an international organisation is under an obligation to consider whether or not it is in its interests to renew a contract and to make a decision accordingly: though such a decision is discretionary, it may not 'be arbitrary or irrational'; there 'must be a good reason for it and the reason must be given'."
Jugement(s) TAOIT: 675
duty to substantiate decision; grounds; organisation's duties; contract; fixed-term; non-renewal of contract; discretion; limits; organisation's interest
Two police reports show that the complainant was held in disfavour by the local authorities at two duty stations. As a result his appointment was not renewed. "On the evidence the Tribunal is satisfied not only that the Organization's doubts about the complainant were legitimate but also that it was free to conclude that he was unsuitable for future assignments and, more particularly, to fear that, if granted any further assignment, he might not, as was his duty under [Regulation] 301.014, behave 'in a manner befitting [his] status' as an international civil servant and with proper 'reserve and tact'."
Organization rules reference: FAO STAFF REGULATION 301.014
contract; fixed-term; non-renewal of contract; staff member's duties; conduct; duty of discretion; fitness for international civil service
"It is at the discretion of an international organisation to discontinue employment it has lost confidence in the staff member and no longer believes that he will show due respect for its good name, and the Tribunal will not interfere with the decision the organisation takes in the exercise of that discretion unless it finds one of the fatal flaws that warrant setting the decision aside. Such flaws include procedural defects, failure to take account of some essential fact and misuse of authority."
non-renewal of contract; termination of employment; staff member's duties; organisation's reputation; judicial review; discretion