Judgment No. 3991

• Organization: ITER International Fusion Energy Organization (ITER Organization)
• Date: 26.06.2018
• Original: English
• Judges: Barbagallo, Hansen, Moore
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

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

Judgment keywords

Keywords

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

Considerations 7 and 9

Extract:

[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.

Reference(s)

ILOAT Judgment(s): 3769, 3914

Keywords

non-renewal of contract; discretion