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Judgment No. 3175


The complaint is dismissed.


The complainant challenges the decision not to extend his contract until the end of his sick leave.

Judgment keywords


non-renewal of contract; sick leave; complaint dismissed

Consideration 14


[A]s the Organization points out, the Tribunal has clarified its position regarding the extension of a contract to cover sick
leave. In Judgments 1494 (under 6 and 7) and 2098 (under 8) it made it plain that the precedent set in Judgments 607 and 938, on which the complainant relies, must not be applied out of context; obviously, the Tribunal did not establish a rule whereby, whatever the circumstances, an official who falls ill towards the end of his or her appointment is entitled to have it extended beyond the date of expiry and to receive a salary for the same term. It is equally plain that the principle set forth in Judgment 938, under 12, that “a staff member cannot be separated while on sick leave” must be seen in context; it cannot be extended to every case in which an appointment ends.


ILOAT Judgment(s): 607, 938, 1494, 2098


non-renewal of contract; sick leave

Last updated: 06.08.2020 ^ top