Judgment No. 577
1. THE CENTRE IS ORDERED TO PAY THE COMPLAINANT AS COMPENSATION THE SUM OF 6,000 SWISS FRANCS.
2. THE OTHER CLAIMS ARE DISMISSED.
3. THE COMPLAINANT IS AWARDED 1,000 SWISS FRANCS AS COSTS.
"As the Tribunal observed in [Judgment 421] the question whether the action of the administration [...] was intended to have a contractual effect must be determined in the light of the circumstances in each case. In regard to the non-renewal of fixed-term contracts, it seems to the Tribunal that staff members would, in view of the practice, have come to rely on receiving reasonable notice as part of their contractual rights".
Jugement(s) TAOIT: 421
complaint allowed in part; reasonable time; practice; contract; fixed-term; non-renewal of contract; notice; binding character
"The decision not to renew the complainant's contract was taken in the framework of economy measures requiring the abolition of certain posts. The complainant was not qualified to hold any of the vacant posts available [...] and his linguistic skills were insufficient to [permit] alternative employment [to be obtained] for him. His allegation of discrimination is, in the circumstances, unfounded."
contract; qualifications; fixed-term; abolition of post; budgetary reasons; reassignment; non-renewal of contract; condition