Judgment No. 1138
Decision
THE COMPLAINT IS DISMISSED.
Considerations 2-3
Extract:
"By virtue of UNESCO Staff Rule 104.6(b) a fixed-term contract may at the Director-General's discretion be extended or converted into an indefinite appointment, but the staff member has neither any right to an extension nor any legitimate expectancy of one. In keeping with precedent [...] the Tribunal will not interfere with the discretionary decision not to extend an appointment unless it was made without authority or in breach of a rule of procedure, or was based on a mistake of fact or of law, or overlooked some essential fact, or amounted to an abuse of authority."
Reference(s)
Organization rules reference: UNESCO STAFF RULE 104.6
Keywords
contract; extension of contract; non-renewal of contract; judicial review; discretion; titularization
Consideration 3
Extract:
"The unsatisfactory nature of [the complainant's] services is well-documented, was the conclusion of objective assessment and amply justified the decision not to renew his contract."
Keywords
contract; fixed-term; non-renewal of contract; unsatisfactory service
Consideration 7
Extract:
The complainant "is mistaken in thinking that the Director-General was bound to accept the Board's recommendations. What it offered was advice that there should be further assessment of him [...] but that advice was not accepted: the Director-General decided instead to abide by the decision not to renew his contract. That cannot be construed as the overlooking of any essential fact."
Keywords
advisory body; recommendation; advisory opinion; binding character
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