Judgment No. 3415
The complaint is dismissed.
The complainant unsuccessfully challenges the decision not to extend his fix-term contract beyond the normal tour of service.
non-renewal of contract; complaint dismissed
"The approach of the IAEA is entirely unacceptable. The documents sought by the complainant and information about the existence of this alleged practice is, in substance, peculiarly within the knowledge of the organisation. While international organisations are entitled to defend proceedings before the Tribunal, and even do so robustly, it is singularly unhelpful and inappropriate for an organisation to refuse to provide documents sought by a complainant that are patently relevant to his case and then argue that the complainant has not furnished relevant evidence in support of that case. In the absence of a clear and unequivocal denial by the IAEA that the practice, as alleged, had not existed, an inference can be drawn, and is drawn, that there had been a practice as identified by the complainant [...]."
disclosure of evidence
"His argument is that there were no performance issues justifying a decision not to extend. However to compare his position with others to demonstrate inequality of treatment, the complainant would have to have shown that extensions were granted in the past even if there were not programmatic or other compelling reasons for the extension, or that there were programmatic or other compelling reasons justifying the extension of his contract. As this has not been demonstrated, his claim of inequality of treatment must fail."