Judgment No. 3443

• Organization: International Criminal Court (ICC)
• Date: 11.02.2015
• Original: French
• Judges: Barbagallo, Rouiller, Frydman
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

The complainant unsuccessfully impugns the decision for the non-renewal of his contract.

Judgment keywords

Keywords

non-renewal of contract; complaint dismissed

Consideration 3

Extract:

"The person concerned by a decision not to renew a fixed-term contract upon its expiry is entitled to be given the reasons for that decision. However, the Tribunal grants organisations considerable discretionary authority in this area. It will set aside such a decision only if it is ultra vires, or shows a formal or procedural flaw or an error of fact or of law, or if a material fact has been overlooked, or if there has been abuse of authority, or if a plainly wrong conclusion has been drawn from the evidence. (See Judgments 230, under 1, 2916, under 3, and 2991, under 13.)"

Reference(s)

ILOAT Judgment(s): 230, 2916, 2991

Keywords

fixed-term; non-renewal of contract

Consideration 6

Extract:

"The Tribunal finds the complainant bears the burden of proving that he was a victim of retaliation or unequal treatment."

Keywords

burden of proof