Judgment No. 857
THE COMPLAINT IS DISMISSED.
The Tribunal observes that the non-renewal of the complainant's appointment was not tainted by any fatal flaw. The decision was taken by the Director-General at his discretion and was founded on inadequacies in the complainant's work and on the needs of the organization.
contract; fixed-term; non-renewal of contract; unsatisfactory service; discretion; organisation's interest
Some weeks before the expiry of her contract, the complainant had a heart attack. In accordance with the Staff Regulations, her appointment was extended on 1 September for the duration of her sick leave. After ascertaining that the complainant was fit to work, the FAO terminated her sick leave and, a few days later, her appointment. The complainant has failed to show any irregularity in the application by the Director-General of the rules on sick leave.
contract; extension of contract; fixed-term; non-renewal of contract; illness; sick leave; flaw
"The Tribunal has said there must be reasonable notice of non-renewal, with due regard to the particular circumstances of each case. But she was well warned, for the first time orally over a year before expiry and in writing fifty days before, that her appointment would not be renewed."
time limit; reasonable time; organisation's duties; contract; fixed-term; non-renewal of contract; notice