Judgment No. 56

• Organization: World Health Organization (WHO)
• Date: 06.10.1961
• Original: French
• Judges: Forster, Letourneur, Grisel
• Full judgment text - Full judgment text (french)

Decision

THE COMPLAINT IS DISMISSED.

Consideration 2

Extract:

"The Director-General had good reason to believe that [the complainant's] behaviour was not beyond reproach, and that [...] her performance was inadequate and her attitude towards her colleagues insufferable. In these circumstances, it is quite clear that the refusal to renew the complainant's appointment is not tainted by any defect such as would justify either the quashing of the decision or the award of an indemnity."

Keywords

output; contract; fixed-term; non-renewal of contract; unsatisfactory service; conduct; working relations

Consideration 1

Extract:

Vide Judgment 65, consideration 2.

Reference(s)

ILOAT Judgment(s): 65

Keywords

contract; fixed-term; non-renewal of contract; judicial review; discretion

Consideration 1

Extract:

Vide Judgment 65, consideration 1.

Reference(s)

ILOAT Judgment(s): 65

Keywords

icj; competence of tribunal; contract; fixed-term; non-renewal of contract; advisory opinion of icj

Consideration 4

Extract:

"A decision not to renew a fixed-term appointment bears no relation to disciplinary sanctions which an official may have incurred. It is precluded neither by imposition of, nor by the failure to impose, such sanctions. To hold as justified the decision complained of, therefore, it suffices to show that the organization had proper reasons for dispensing with the services of complainant on expiry of her contract." The organization was not bound to resort to the disciplinary procedure.

Keywords

grounds; organisation's duties; contract; fixed-term; non-renewal of contract; judicial review