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Judgment No. 3950


The complaint is dismissed.


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

Judgment keywords


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

Consideration 6


In relation to the principle of res judicata, the case law of the Tribunal presently provides, as exemplified by Judgment 3867, consideration 9, that “the parties, the purpose of the suit and the cause of action must be the same as in the earlier case for the principle of res judicata to apply (see, for example, Judgments 1216, under 3, 2993, under 6, or 3248, under 3)”. Whether this now states, too narrowly, the applicable principle or principles involving estoppel, such as “issue estoppel” or abuse of process, and would preclude a complainant re-agitating substantially the same issues based on substantially the same evidence is a matter to be resolved in other proceedings in due course and not in the present proceedings.


ILOAT Judgment(s): 1216, 2993, 3248, 3867


res judicata; estoppel

Last updated: 25.05.2020 ^ top