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Judgment No. 3362


The complaint is dismissed.


The complainant impugns the decision not to renew his short-term contract and not to advertise his post.

Judgment keywords


short-term; promise; non-renewal of contract; complaint dismissed

Consideration 13


"[T]he decision not to create a post, like all decisions relating to the management of posts or the organisation of services, is a discretionary decision the wisdom of which the Tribunal obviously cannot judge, having only a limited power of review (see, for example, Judgments 1131, under 5, and 2856, under 9)."


ILOAT Judgment(s): 1131, 2856


judicial review; discretion

Consideration 16


"[I]t is clear from the actual wording of Rule 9.E a) of the Staff Rules applicable to staff members engaged for conferences and other short-term service, expressly reproduced in that contract, and from the consistent case law of the Tribunal, that a short term contract ordinarily ends automatically, without prior notice, on the expiration date of the period for which it was concluded. It is true that, according to the case law, an international organisation is nevertheless obliged to give a reasonable period of prior notice where a staff member has been employed continuously under such contracts for a period of time exceeding that which corresponds to a purely temporary assignment (see Judgments 2104, under 6, and 2531, under 9)."


ILOAT Judgment(s): 2104, 2351


contract; short-term; non-renewal of contract; notice

Last updated: 07.08.2020 ^ top