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Judgment No. 3746

Decision

The complaint is dismissed.

Summary

The complainant challenges the decision not to renew his fixed-term appointment.

Judgment keywords

Keywords

fixed-term; non-renewal of contract; complaint dismissed

Consideration 6

Extract:

There is nothing in the complaint which would lead the Tribunal to call into question its case law in this area, according to which an official holding a fixed-term appointment does not have a right to the renewal of that appointment on its expiry or to its conversion into a permanent appointment (see Judgment 1349, under 11). International organisations must, however, provide reasons for the decision not to renew a fixed-term contract (see, for example, Judgment 675, under 10 and 11, and more recently Judgment 3353, under 23).

Reference(s)

ILOAT Judgment(s): 675, 1349, 3353

Keywords

non-renewal of contract

Consideration 8

Extract:

[T]he uncertainty in which the complainant left the Organization with regard to the date of the resumption of his duties was an objective reason not to renew his appointment on its expiry. It follows that the Director General may not be taxed with having abused his discretionary authority.

Keywords

non-renewal of contract

Consideration 9

Extract:

The Tribunal notes that Staff Regulation 9.9(a) did not entitle WIPO staff members to notice in the event of the non-extension of their fixed-term appointment. The case law of the Tribunal does, however, give them this right (see, for example, Judgments 1544, under 11, and 3353, under 24).

Reference(s)

Organization rules reference: Staff Regulation 9.9(a)
ILOAT Judgment(s): 1544, 3353

Keywords

non-renewal of contract; notice



 
Last updated: 01.06.2020 ^ top