Judgment No. 3991
The complaint is dismissed.
The complainant challenges the decision not to renew her fixed-term contract.
fixed-term; non-renewal of contract; complaint dismissed
Considerations 7 and 9
[T]he Tribunal sets its face against assessing the exercise of a discretionary power such as the power not to renew a fixed-term contract, unless it is demonstrated that the competent body acted on some wrong principle, breached procedural rules, overlooked a material fact or reached a clearly wrong conclusion (see, for example, Judgments 3914, consideration 4, and 3769, consideration 6). [...]
[I]t was within the discretionary power of the Director-General, notwithstanding the recommendation of the Mediator, to focus only on the skills and capabilities of the complainant in assessing whether her position should continue and, if not, whether the contract should be renewed. No reviewable error attended the approach of the Director-General.
ILOAT Judgment(s): 3769, 3914
non-renewal of contract; discretion