Judgment No. 3847
The complaints are dismissed.
In both complaints, the complainant contests the non-renewal of her fixed-term contract.
fixed-term; non-renewal of contract; complaint dismissed
In Judgment 3311, considerations 5 and 6, the Tribunal observed that the time limits for internal appeal procedures and the time limits in the Tribunal’s Statute serve the important purposes of ensuring that disputes are dealt with in a timely way and that the rights of parties are known to be settled at a particular point of time. The consistently stated principle that time limits must be strictly adhered to has been rationalized by the Tribunal in the following terms: time limits are an objective matter of fact and strict adherence to them is necessary for the efficacy of the whole system of administrative and judicial review of decisions. An inefficacious system could potentially adversely affect the staff of international organisations. Flexibility about time limits should not intrude into the Tribunal’s decision-making even if it might be thought to be equitable or fair in a particular case to allow some flexibility. To do otherwise would “impair the necessary stability of the parties’ legal relations”. There are exceptions to this general approach, none of which is applicable to the present matter (see Judgment 2722, consideration 3).
ILOAT Judgment(s): 2722, 3311
The question whether the first complaint is receivable turns on whether, pursuant to paragraph 2 of Article VII of the Tribunal’s Statute, the complainant filed it within the stipulated ninety days following the decision not to extend her contract. The principle of good faith dealings which applies to the relations between international civil servants and the organisations that employ them prevents a staff member from thwarting timely notification by her or his conduct. Accordingly, in considerations 11 and 12 of Judgment 2152 the Tribunal stated as follows [...].
ILOAT reference: Article VII, paragraph 2, of the Statute
ILOAT Judgment(s): 2152
time bar; good faith; notification