Judgment No. 493
THE COMPLAINT IS DISMISSED.
"It is a matter for the Director-General's discretion whether to renew a short-term appointment, and it does not appear from the evidence that his exercise of that discretion was tainted with any abuse of authority." Indeed, the decision not to renew the appointment was a way of giving effect to the organisation's decision whereby national authorities were gradually to take its place in administering the Control Centre located on their territory. It is only reasonable that this change should lead to a steady decline in the number of the staff in the city concerned.
contract; fixed-term; non-renewal of contract; judicial review; discretion
"In accordance with Article II of its Statute, [the Tribunal] hears complaints alleging the non-observance of terms of appointment or of the Staff Regulations. In reaching its decisions it construes such texts by the accepted methods of legal interpretation. It also draws upon general principles of law insofar as they may apply to the international civil service. It takes no account of municipal law, however, except insofar as such law embodies those principles."
ILOAT reference: ARTICLE II OF THE STATUTE
competence of tribunal; case law; general principle; international civil service principles; domestic law; iloat statute; enforcement; interpretation
"The organisation's argument is that the time limit for filing the complaint started on [the date] the complainant's contract was extended [...]. The argument would succeed only if the later decisions [...] had merely confirmed the [extension] decision. But they did not. The extension of the contract [on the mentioned date] for three months did not necessarily mean that there would be no further extension."
complaint; decision; receivability of the complaint; date of notification; start of time limit; contract; extension of contract; date
"The international agreement thus concluded between the ILO and the Agency in accordance with Article II, paragraph 5, of the Statute of the Tribunal is not subject to any limitations on the recognition of the Tribunal's competence other than those arising out of the actual text. The Tribunal derives its competence from that international agreement, which prevails over rules unilaterally adopted earlier by one of the parties. The agreement recognising the Tribunal's competence does not exempt staff members such as the complainant from the application of [the Staff Rules and Regulations]."
ILOAT reference: ARTICLE II, PARAGRAPH 5, OF THE STATUTE
competence of tribunal; declaration of recognition; international instrument; staff regulations and rules; enforcement; provision