Judgment No. 1145
THE COMPLAINT IS DISMISSED.
"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".
Organization rules reference: ARTICLE 4.6(D) OF THE ILO STAFF REGULATIONS
practice; contract; fixed-term; compensatory allowance; non-renewal of contract; notice
"The complainant's claim to reinstatement is irreceivable under Article VII(1) of the Tribunal's Statute because it has not formed part of any internal 'complaint' from him under Article 13.2 of the Staff Regulations and he has therefore failed to exhaust the internal means of redress."
ILOAT reference: ARTICLE VII(1) OF THE STATUTE
Organization rules reference: ARTICLE 13.2 OF THE ILO STAFF REGULATIONS
complaint; new claim; receivability of the complaint; internal remedies exhausted