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Non-renewal of contract (384,-666)

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Keywords: Non-renewal of contract
Total judgments found: 320

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  • Judgment 1351


    77th Session, 1994
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "The Organisation's failure to have the appraisal of the complainant's performance [...] available when it decided not to renew his contract was a procedural flaw which had the effect of excluding an essential fact from consideration."

    Keywords:

    administrative delay; contract; disregard of essential fact; material damages; non-renewal of contract; performance report; procedural flaw; work appraisal;

    Consideration 13

    Extract:

    "A decision not to renew a fixed-term contract does not interfere with any contractual right but merely disappoints expectation of further employment. The complainant is not entitled to the exceptional relief of reinstatement but only to an award of damages".

    Keywords:

    compensation; contract; damages; decision; exception; fixed-term; legitimate expectation; non-renewal of contract; reinstatement;



  • Judgment 1349


    77th Session, 1994
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 11

    Extract:

    "An organisation enjoys wide discretion in deciding whether or not to renew a fixed-term appointment and a fortiori whether to convert it into an indefinite one. The exercise of such discretion is subject to review, but only to limited review, the Tribunal respecting the organisation's freedom to determine its own requirements and the career prospects of staff."

    Keywords:

    amendment to the rules; contract; discretion; duration of appointment; fixed-term; judicial review; limits; non-renewal of contract; organisation's interest; permanent appointment;

    Consideration 14

    Extract:

    "Professional shortcomings are a typical justification for straightforward separation on expiry of a temporary appointment".

    Keywords:

    cause; contract; fixed-term; judicial review; non-renewal of contract; organisation's interest; unsatisfactory service;



  • Judgment 1342


    77th Session, 1994
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 12

    Extract:

    There is evidence that the reasons the WHO gave for not extending his appointment were mistaken. "The refusal to extend the complainant's contract on patently untenable grounds makes it 'more probable than not' that the decision was actuated by personal prejudice against him. It therefore cannot stand."

    Keywords:

    bias; contract; moral injury; non-renewal of contract; presumption; separation from service;



  • Judgment 1317


    76th Session, 1994
    International Telecommunication Union
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 28

    Extract:

    The organisation says that the non-renewal of the complainant's appointment was warranted by restructuring operations in its regional offices. "The duty to state the reasons for a decision forms part of any due administrative process. The Tribunal is not questioning that there was an objective need for the reforms the Union brought in [but] the Union ought to have explained to him why the reforms warranted removing him. It did not. The ITU ignored a long line of precedents on non-renewal procedure."

    Keywords:

    case law; contract; discretion; duty to substantiate decision; fixed-term; non-renewal of contract; organisation's interest; reorganisation;

    Considerations 20-21

    Extract:

    The ITU alleges that as a member of project personnel the complainant could not expect his appointment to be renewed after a restructuring exercise, unlike headquarters officials whose appointments were extended. "It is clear from the Staff Regulations and the relevant rules that the provisions on fixed-term appointments are in substance the same for both [headquarters and project personnel]. [...] The Union is mistaken in relying on [a rule] to rebut the complainant's charge of discrimination in favour of other staff".

    Keywords:

    contract; equal treatment; fixed-term; headquarters official; legitimate expectation; non-renewal of contract; project personnel; reorganisation; staff regulations and rules; status of complainant;

    Consideration 23

    Extract:

    "Consistent precedent has it that even where an organisation's Staff Regulations say that a fixed-term contract is ipso facto extinguished on expiry non-renewal is to be treated as a distinct and challengeable administrative decision." After referring to Judgments 17 and 1040, the Tribunal observes that "that requirement is an indispensable safeguard of security of employment in the international civil service, which indeed, unlike many national civil services and some regional organisations, commonly grants fixed-term appointments."

    Reference(s)

    ILOAT Judgment(s): 17, 1040

    Keywords:

    case law; contract; decision; domestic law; fixed-term; international civil service principles; non-renewal of contract; notice; right of appeal; safeguard; staff regulations and rules;

    Consideration 24

    Extract:

    Several recent rulings [...] sharply define the ambit of such review in line with the case law affirmed from the outset: see Judgments 956 [...] under 2 and 3; 1262 [...] under 4; and 1273 [...] under 8.

    Reference(s)

    ILOAT Judgment(s): 956, 1262, 1273

    Keywords:

    abuse of power; case law; contract; decision; discretion; due process; duty to substantiate decision; fixed-term; flaw; formal flaw; judicial review; mistake of fact; misuse of authority; non-renewal of contract; notice; organisation's interest; procedural flaw; right to reply;

    Considerations 22-23

    Extract:

    The ITU, relying on material provisions in the Staff Regulations and Rules, argues that the complainant's fixed-term appointment automatically expired when his contract ran out and that it had no need to take a decision on non-renewal. The Tribunal, having made clear that those provisions "have counterparts in the Staff Regulations and Staff Rules of several other international organisations", holds that its ruling on this case "must be in line with what proves to be an important feature of the common law of international organisations, or at least of those that define contracts by category in determining relations with their employees. [...] Consistent precedent has it that [...] a fixed-term contract", even a temporary one, "is to be treated as a distinct and challengeable administrative decision."

    Keywords:

    case law; contract; coordinated organisations; decision; fixed-term; law of contract; non-renewal of contract; notice; rule of another organisation; staff regulations and rules;

    Considerations 37-39

    Extract:

    The complainant seeks reinstatement in a post he held under a fixed-term appointment. "Reinstatement is a form of restitutio in integrum that will afford proper redress when the holder of an indefinite appointment has been wrongfully dismissed. [...] The Tribunal may consider ordering the reinstatement even of someone who held a fixed-term appointment provided that the circumstances are exceptional". Having referred to the relevant case law on exceptions, the Tribunal observes that there is nothing exceptional in the present case and dismisses his main claim "since reinstating him would in the circumstances be tantamount to direct interference by the Tribunal in the structuring of the ITU's secretariat".

    Keywords:

    case law; contract; fixed-term; non-renewal of contract; permanent appointment; reinstatement; termination of employment;



  • Judgment 1312


    76th Session, 1994
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 14

    Extract:

    The complainant was held against his will in his home country and could not return to his duty station at the end of his home leave. He seeks the quashing of the decision not to renew his appointment. Whether or not the Agency was competent to settle the issue which led the authorities of his country to keep him from returning to his duty station, it "had and still has the duty to safeguard its employee's right to work in full independence for his employer".

    Keywords:

    contract; fixed-term; independence; non-renewal of contract; official; organisation's duties;

    Consideration 12

    Extract:

    See Judgment 1317, consideration 24.

    Reference(s)

    ILOAT Judgment(s): 1317

    Keywords:

    case law; contract; discretion; fixed-term; judicial review; mistake of fact; non-renewal of contract;

    Consideration 14

    Extract:

    The complainant started divorce proceedings and was charged with acting against "law and morals" in his home country and was held there against his will. He was unable to return to his duty station at the end of his home leave and the Agency decided not to renew his appointment. "Circumstances relating to an official's private life - even though they may prompt civil or penal proceedings - are relevant in the area of administration only insofar as they may affect his performance of official duties."

    Keywords:

    conduct; contract; fitness for international civil service; fixed-term; municipal court; non-renewal of contract; outside activity; staff member's duties;



  • Judgment 1298


    75th Session, 1993
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    Vide Judgment 1154, consideration 4.

    Reference(s)

    ILOAT Judgment(s): 1154

    Keywords:

    case law; contract; decision; discretion; duty to inform; duty to substantiate decision; fixed-term; judicial review; non-renewal of contract; organisation's duties;



  • Judgment 1290


    75th Session, 1993
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The Director-General enjoys wide discretion in the matter of renewal of a fixed-term appointment and the Tribunal will exercise only a limited power of review. It will, moreover, show special restraint when a decision not to renew rests on appraisal by the staff member's own supervisors: because of their technical qualifications and familiarity with his work and personal attributes they are, after all, best fitted to advise the Director-General."

    Reference(s)

    ILOAT Judgment(s): 1184

    Keywords:

    contract; discretion; executive head; fixed-term; judicial review; non-renewal of contract; supervisor; work appraisal;



  • Judgment 1273


    75th Session, 1993
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 8

    Extract:

    "A decision not to renew an appointment, though discretionary, must be taken for proper reasons that are notified to the staff member. It will be unlawful if it was not taken by the competent authority and in line with the set rules of procedure, if there was a mistake of law or of fact or abuse of authority, or if some clearly mistaken conclusion was drawn from the evidence."

    Keywords:

    abuse of power; competence; contract; decision; decision-maker; discretion; due process; duty to substantiate decision; judicial review; limits; mistake of fact; mistaken conclusion; misuse of authority; non-renewal of contract; organisation's duties;



  • Judgment 1262


    75th Session, 1993
    European Southern Observatory
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "The case law has made it consistently plain 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, or was based on a mistake of fact or of law, or if some essential fact was overlooked, or if clearly mistaken conclusions were drawn from the facts, or if there was abuse of authority. Moreover, when the reason given for non-renewal is unsatisfactory performance, the Tribunal will not replace the organisation's assessment of the complainant's fitness for his duties with its own."

    Keywords:

    abuse of power; case law; contract; decision; discretion; disregard of essential fact; fixed-term; flaw; formal flaw; grounds; judicial review; mistake of fact; mistaken conclusion; misuse of authority; non-renewal of contract; procedural flaw; qualifications; unsatisfactory service;

    Considerations 6-7

    Extract:

    "The complainant argues that the ESO drew mistaken conclusions from the facts in that it was not free to have him perform tasks other than those provided for under the terms of his contract [...]. A description of the complainant's post [...] that he himself signed included what were called 'background activities', and they went beyond the tasks that had originally been required of him. The Tribunal is satisfied that by confining himself to [certain tasks] he displayed a lack of commitment which properly put at issue the question as to whether the observatory should extend his contract." The ESO did not draw plainly mistaken conclusions about his performance.

    Keywords:

    contract; decision; discretion; fixed-term; judicial review; mistaken conclusion; non-renewal of contract; post description; unsatisfactory service; work appraisal;

    Considerations 11-12

    Extract:

    The complainant objects to a decision not to extend his appointment. "The complainant was involved in the layout and design of the staff magazine, which, he says, was at times critical of the ESO. [...] The charge of victimisation, which is easy enough to make, has to be supported by serious evidence. The complainant has failed to discharge the burden that lies on him to prove the charge against the Observatory. For one thing, he was not even an official of the Staff Association. For another, his allegation that he was victimised merely because he helped with the publication of the magazine is unsupported by a shred of evidence."

    Keywords:

    burden of proof; contract; decision; evidence; fixed-term; freedom of speech; harassment; hidden disciplinary measure; non-renewal of contract; staff representative;



  • Judgment 1249


    74th Session, 1993
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "The impugned decision [not to renew the complainant's appointment] was warranted neither by the WHO's concern for the purported interests of the country of the complainant's nationality nor by its desire to keep on good terms and work effectively with its membership. Relations with a member state may be good without the Organization's allowing any of its Member States the right to interfere in the area of personnel management."

    Keywords:

    complainant; contract; decision; fixed-term; independence; international civil service principles; member state; nationality; non-renewal of contract; organisation; place of origin;

    Consideration 7

    Extract:

    The organization decided not to extend the complainant's appointment on the grounds that the authorities of his country were unwilling to release him any longer. "The organization makes out that, having derived from his status as a 'seconded' official the privilege of being relieved of going through the usual competitive process, the complainant may not, according to the doctrine of estoppel, 'take advantage of a special situation in his favour and then later deny the validity of this in order to obtain some further advantage'. The simple answer to that is that the organization bypassed the usual procedure because of an understanding it had with [a Member State]. So it may not properly expect the complainant to suffer for its own failure to follow the usual procedure as laid down in its rules."

    Keywords:

    appointment; breach; competition; complainant; contract; decision; enforcement; fixed-term; general principle; good faith; non-renewal of contract; procedure before the tribunal; secondment; staff regulations and rules;

    Consideration 4

    Extract:

    WHO put an end to the complainant's appointment on the grounds that the authorities of his country were unwilling to release him any longer. "The Director-General took himself to be bound by the attitude of the government of the Soviet Union. In doing so, he mistook the limits of his own discretion. As was held in Judgment 15 [...] among others, he must in exercising that discretion observe the general principles that govern the international civil service and safeguard the independence of organisation and official alike. The Director-General has committed a mistake of law."

    Reference(s)

    ILOAT Judgment(s): 15

    Keywords:

    case law; complainant; contract; decision; discretion; executive head; extension of contract; fixed-term; independence; international civil service principles; limits; member state; nationality; non-renewal of contract; official; organisation; secondment;

    Consideration 5

    Extract:

    The organization failed to renew the complainant's appointment on the grounds that the authorities of his country were unwilling to release him any longer. the director-general has "committed a mistake of fact by wrongly taking the complainant to be on secondment [...] the organization actually concedes the point in its surrejoinder: his appointment 'could not [...] be described as a true secondment'".

    Keywords:

    complainant; contract; decision; fixed-term; mistake of fact; non-renewal of contract; secondment;



  • Judgment 1230


    74th Session, 1993
    International Atomic Energy Agency
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The impugned decision - the non-renewal of the complainant's contract until his retirement- was made on the basis of mistake of fact, an erroneous interpretation of certain statements made by the complainant regarding his availability. It was also established that the Agency must have known that the government of the complainant's country of origin wanted him to return home. The Agency, in this context "ought to have paid especial heed, for the sake of the independence of the international civil service, and his own in particular, to finding out just what he really intended and conveying it accurately to the competent committee."

    Keywords:

    contract; fixed-term; independence; intention of parties; international civil service principles; member state; non-renewal of contract; official; organisation; organisation's duties;

    Consideration 4

    Extract:

    The Agency granted the complainant only a short contract renewal, refusing to renew the contract until the date of his retirement. According to the defendant, this decision was based on information in its files which indicated that the complainant wasn't available after a certain date. Now it has been established that the complainant said he would be available as long as the Agency wished. "A decision by an international organization to grant only a short extension of appointment or none at all, though it is discretionary, must still be based on correct findings of fact."

    Keywords:

    contract; discretion; fixed-term; judicial review; mistake of fact; mistaken conclusion; non-renewal of contract; organisation;



  • Judgment 1221


    74th Session, 1993
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 7

    Extract:

    "The complainant's appointment expired on 31 March 1992 and there was no reason why the organization should renew it. In the light of all the material circumstances, including her behaviour, the Tribunal disallows her claim to reinstatement."

    Keywords:

    complainant; conduct; contract; fixed-term; non-renewal of contract; refusal; reinstatement; request by a party; tribunal;



  • Judgment 1159


    72nd Session, 1992
    World Health Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 6

    Extract:

    "As to the lack of proper notice, the Director-General's decision [...] to grant him another two years' appointment affords ample compensation".

    Keywords:

    compensation; contract; fixed-term; non-renewal of contract; notice;



  • Judgment 1154


    72nd Session, 1992
    World Intellectual Property Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "It is a general principle of international civil service that there must be a valid reason for any decision not to renew a fixed-term appointment and that the reason must be given to the staff member. That principle was set out, for example, in Judgment 675 [...] in 10 and 11."

    Reference(s)

    ILOAT Judgment(s): 675

    Keywords:

    case law; contract; duty to substantiate decision; fixed-term; international civil service principles; non-renewal of contract;



  • Judgment 1151


    72nd Session, 1992
    European Organization for Nuclear Research
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 5

    Extract:

    After many years in CERN's employ under fixed-term appointments, the complainants applied for indefinite appointments. Their cases having been reviewed according to a new procedure for the grant of such appointments. CERN told them it would neither grant them indefinite appointments or renew their fixed-term ones on expiry. "But there is no obvious logical connection between the refusal to grant an indefinite appointment and the refusal to renew a fixed-term one."

    Keywords:

    contract; duration of appointment; fixed-term; non-renewal of contract; permanent appointment;



  • Judgment 1145


    72nd Session, 1992
    International Labour Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    "Notwithstanding the terms of 4.6(d) the practice in the ILO is to give at least two months' notice of non-renewal of a fixed-term appointment. The Organisation admits that the practice was not followed in the complainant's case but points out that he got compensation for its mistake in the form of another two months' pay. The Tribunal holds such compensation to be adequate".

    Reference(s)

    Organization rules reference: ARTICLE 4.6(D) OF THE ILO STAFF REGULATIONS

    Keywords:

    compensatory allowance; contract; fixed-term; non-renewal of contract; notice; practice;



  • Judgment 1138


    72nd Session, 1992
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Considerations 2-3

    Extract:

    "By virtue of UNESCO Staff Rule 104.6(b) a fixed-term contract may at the Director-General's discretion be extended or converted into an indefinite appointment, but the staff member has neither any right to an extension nor any legitimate expectancy of one. In keeping with precedent [...] the Tribunal will not interfere with the discretionary decision not to extend an appointment unless it was made without authority or in breach of a rule of procedure, or was based on a mistake of fact or of law, or overlooked some essential fact, or amounted to an abuse of authority."

    Reference(s)

    Organization rules reference: UNESCO STAFF RULE 104.6

    Keywords:

    contract; discretion; extension of contract; judicial review; non-renewal of contract; titularization;

    Consideration 3

    Extract:

    "The unsatisfactory nature of [the complainant's] services is well-documented, was the conclusion of objective assessment and amply justified the decision not to renew his contract."

    Keywords:

    contract; fixed-term; non-renewal of contract; unsatisfactory service;



  • Judgment 1131


    71st Session, 1991
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Summary

    Extract:

    The Tribunal observes that UNESCO's decision to separate the complainant from service after it abolished his post was flawed by the Organization's failure to abide by the rules in Circular No. 1583. The report of the Joint Co-Operation Committee, which was to make a recommendation on the case, gives no evidence of any discussion of the administration's proposals concerning the complainant. What is more, the proposal to freeze his post did not come from the competent authority. A redeployment proposal was rejected without having been discussed or put to the Director-General as required by the circular. As the complainant is not seeking reinstatement, the Tribunal grants him redress for material injury in the amount of one year's full pay.

    Keywords:

    abolition of post; administrative instruction; advisory body; advisory opinion; competence; consultation; decision-maker; fixed-term; non-renewal of contract; organisation's duties; procedural flaw; reassignment; separation from service;



  • Judgment 1128


    71st Session, 1991
    Food and Agriculture Organization of the United Nations
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 2

    Extract:

    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'."

    Reference(s)

    ILOAT Judgment(s): 675

    Keywords:

    contract; discretion; duty to substantiate decision; fixed-term; grounds; limits; non-renewal of contract; organisation's duties; organisation's interest;

    Consideration 6

    Extract:

    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'."

    Reference(s)

    Organization rules reference: FAO STAFF REGULATION 301.014

    Keywords:

    conduct; contract; duty of discretion; fitness for international civil service; fixed-term; non-renewal of contract; staff member's duties;

    Consideration 6

    Extract:

    "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."

    Keywords:

    discretion; judicial review; non-renewal of contract; organisation's reputation; staff member's duties; termination of employment;



  • Judgment 1116


    71st Session, 1991
    United Nations Educational, Scientific and Cultural Organization
    Extracts: EN, FR
    Full Judgment Text: EN, FR

    Consideration 4

    Extract:

    The complainant submits that the decision not to renew his appointment was tainted with breach of his right of defence since he failed to get a copy of a report concerning him by the Joint Disciplinary Committee. The Tribunal observes that such reports are confidential under Rule 110.2(e). "Besides, the report is immaterial, even in the present context, because the Committee recommended no disciplinary action and the stated reasons for termination were financial stringency and abolition of post."

    Reference(s)

    Organization rules reference: UNESCO STAFF RULE 110.2(E)

    Keywords:

    abolition of post; advisory body; budgetary reasons; confidential evidence; contract; disclosure of evidence; fixed-term; lack of injury; non-renewal of contract; report; right to reply;

    Consideration 5

    Extract:

    The complainant, whose post was abolished, alleges that the organization committed a mistake of law by keeping him in its employ under a long string of short-term appointments. He relies on what he says was UNESCO's established practice of extending fixed-term appointments for never less than one year. The Tribunal observes that there is no rule binding the organization to a minimum or maximum period of extension and that the complainant does not offer a shred of evidence of the practice he says it followed.

    Keywords:

    burden of proof; contract; duration of appointment; evidence; extension of contract; fixed-term; non-renewal of contract; organisation's duties; practice; short-term; successive contracts;

    Consideration 2

    Extract:

    "According to consistent precedent the Director-General has discretion to extend a fixed-term appointment or convert it into an indeterminate one and his decision will be set aside only if taken without authority [etc]".

    Keywords:

    amendment to the rules; contract; discretion; duration of appointment; fixed-term; judicial review; non-renewal of contract; permanent appointment;

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