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Judgment No. 4172


The complaint is dismissed.


The complainant challenges the non-renewal of his appointment for unsatisfactory performance.

Judgment keywords


fixed-term; non-renewal of contract; performance evaluation; complaint dismissed

Consideration 5


According to consistent case law, “a decision not to renew a fixed-term appointment, being discretionary, may be set aside only if it was taken without authority, or in breach of a rule of form or of procedure, or was based on a mistake of fact or of law, or if some essential fact was overlooked, or if clearly mistaken conclusions were drawn from the facts, or if there was abuse of authority. [...] What is more, where the reason given for the non-renewal is unsatisfactory performance the Tribunal will not replace with its own the Organisation’s view of the complainant’s fitness for his duties” (see Judgment 1052, under 4).


Jugement(s) TAOIT: 1052


fixed-term; non-renewal of contract; discretion

Consideration 8


As the written documentation submitted by the parties was sufficient to allow the Tribunal to reach a reasoned decision, the Tribunal sees no need to order oral proceedings. The complainant also requests the discovery of documents but provides no convincing explanation of their actual pertinence to the case. These requests are thus denied.


disclosure of evidence; oral proceedings

Dernière mise à jour: 21.05.2020 ^ haut