Judgment No. 3139
1. The decision of 10 June 2010 is set aside.
2. The ITU shall pay the complainant compensation of 10,000 Swiss francs for the moral injury she has suffered.
3. It shall also pay her costs in the amount of 2,500 francs.
4. All other claims are dismissed.
complaint allowed; decision quashed; non-renewal of contract; performance evaluation
The Union regrets that the internal appeal procedure [...] was not completed, but it raises no objection to receivability on that account.
The Tribunal automatically examines the receivability of complaints filed with it. [...]. In Judgment 2892, the Tribunal held that the provisions of the ITU Staff Regulations and Staff Rules governing internal appeals did not provide for appeals by former staff members. In such circumstances, where a decision has not been communicated until after a staff member has separated from service, the former staff member does not have recourse to the internal appeal process (see for example Judgment 2840, under 21). Hence the Tribunal will not find that the complaint is irreceivable pursuant to Article VII, paragraph 1, of its Statute.
ILOAT reference: Article VII, paragraph 1, of the Statute
Jugement(s) TAOIT: 2840, 2892
receivability of the complaint; internal appeal; iloat statute; former official; ratione personae
Considerations 4 and 5
The complainant has no grounds to regard the refusal to renew her contract as a disguised disciplinary measure imposed in retaliation for the internal appeals against her suspension [...].
Moreover, the decision of 31 March 2010 cannot be regarded as a dismissal decision; it was simply a decision not to renew a contract which was due to expire because, at that date, no request for review having been submitted within the prescribed time limit, the decision of 17 November 2009 extending the complainant’s appointment for five months had become final (see Judgment 3140, also delivered this day).
Although the decision of 31 March 2010 was therefore neither a disciplinary measure nor a dismissal, the complainant’s right to be heard had to be respected nonetheless.
Jugement(s) TAOIT: 3140
non-renewal of contract; termination of employment; hidden disciplinary measure; right to be heard
As the Tribunal recalled in Judgment 1544, under 11, although a fixed-term appointment ends automatically at the scheduled date of expiry, the staff member must be told the true grounds for non-renewal and given reasonable notice of it, irrespective of the contents of the clauses of his or her contract.
Jugement(s) TAOIT: 1544
non-renewal of contract