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Judgment No. 4363

Decision

The complaint is dismissed.

Summary

The complainant, who states that he was the victim of retaliation, claims redress for the injury he considers he has suffered.

Judgment keywords

Keywords

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

Consideration 4

Extract:

[I]t is not within the Tribunalís purview to extend the complainantís appointment.

Keywords

competence of tribunal

Consideration 10

Extract:

It is convenient to recall that in Judgment 3948, consideration 2, where a decision not to renew a contract was challenged, the Tribunal stated that its scope of review is limited as an organization enjoys wide discretion in deciding whether or not to extend a fixed-term appointment and that the exercise of such discretion is subject to limited review because the Tribunal respects an organizationís freedom to determine its own requirements and the career prospects of staff. Accordingly, the Tribunal will not substitute its own assessment for that of the organization and a decision in the exercise of this discretion may only be quashed or set aside for unlawfulness or illegality in the sense that it was taken in breach of a rule of form or procedure; or if it is based on an error of fact or of law, if some essential fact was overlooked; or if there was an abuse or misuse of authority; or if clearly mistaken conclusions were drawn from the evidence.

Reference(s)

ILOAT Judgment(s): 3948

Keywords

fixed-term; non-renewal of contract; discretion

Consideration 12

Extract:

[I]n Judgment 3138, consideration 7, it was recalled that this Tribunal is in no way bound by the case law of other international or regional courts.

Reference(s)

ILOAT Judgment(s): 3138

Keywords

case law of other tribunals

Consideration 12

Extract:

[I]n Judgment 4238, consideration 5, the Tribunal recently recalled its case law which has consistently stated that it is incumbent on the complainant to establish that actions or conduct complained of were retaliatory.

Reference(s)

ILOAT Judgment(s): 4238

Keywords

burden of proof; retaliation

Consideration 13

Extract:

Regarding the Tribunalís role where the fact-finding of an internal appeal body is challenged, the Tribunal has reiterated, in Judgment 4171, consideration 5, for example, that its role is not to reweigh the evidence before such a body and that where an internal appeal body has heard evidence and made findings of fact, the Tribunal will only interfere in the case of manifest error.

Reference(s)

ILOAT Judgment(s): 4171

Keywords

internal appeals body; fact-finding



 
Last updated: 23.04.2021 ^ top