Judgment No. 3849
The complaint is dismissed.
The complainant contests the non-renewal of his fixed-term contract.
fixed-term; non-renewal of contract; late appeal; complaint dismissed
There is no substance in the complainant’s argument that the e-mail [...] could not have been notification because it took the form of an e-mail. No particular formality is required and notification by e-mail can constitute effective notification (see, for example, Judgment 2966, consideration 8).
Jugement(s) TAOIT: 2966
It might be thought that the clear intimation from the Director of HRM that the contract would not be renewed should be viewed as conditional and thus should not be considered notification of a decision not to renew the contract. That is to say, it should not be taken to be notification of a final decision because there remained to be determined, before such a decision could be made, whether another position might be found for the complainant. However, the fact that a communication such as this might advert to further steps being taken to reassign or re-deploy an official, does not, of itself, result in the communication not being notification of a decision not to renew (see Judgment 634, consideration 2). Equally, however, in the event of non-renewal there must be a definite decision not to renew coupled with notification to the official (see Judgment 2104, consideration 6).
Jugement(s) TAOIT: 634, 2104
non-renewal of contract; notification; administrative decision
[T]he Tribunal emphasises that it is desirable that an organisation make it absolutely clear in a communication that it constitutes notice that the contract will not be renewed and language to this effect should be used. Also, it is desirable for the organisation to say in such a communication that it manifests a final decision against which the official can appeal in a manner prescribed in the organisation’s rules and regulations.
internal appeal; non-renewal of contract; notification; administrative decision