Judgment 702
57th Session, 1985
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
"The Tribunal assesses the period of the notice which PAHO ought to have given as twelve months, that is, one month for every year or fraction of a year of service. This is the measure prescribed by Uruguayan labour law and it is also one which is employed in a number of other countries."
Keywords:
amount; contract; domestic law; enforcement; non-renewal of contract; notice; short-term;
Judgment 701
57th Session, 1985
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 12
Extract:
See Judgment 702, consideration 12.
Reference(s)
ILOAT Judgment(s): 702
Keywords:
amount; contract; domestic law; enforcement; non-renewal of contract; notice; short-term;
Judgment 698
57th Session, 1985
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"The complainant submits that according to the Tribunal's case law the termination of secondment need not entail the termination of appointment in an international organisation. The plea is mistaken."
Keywords:
contract; fixed-term; non-renewal of contract; secondment; separation from service;
Judgment 675
56th Session, 1985
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Having served the organization since 1969, the complainant was seconded for two years to the UNDP in 1980. In 1982 the organization decided not to extend the appointment or the secondment. The Tribunal holds that the organization committed an error of law by assuming that a fixed-term appointment expires automatically on the specified expiration date, and an abuse of power for having terminated the complainant without stating its reasons. The award of damages reflects the especially grave moral injury sustained by the complainant.
Keywords:
abuse of power; contract; discretion; duty to substantiate decision; fixed-term; flaw; legitimate expectation; misuse of authority; moral injury; non-renewal of contract; secondment;
Judgment 665
56th Session, 1985
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"Renewal of an appointment is a discretionary decision. Although the rule provides for automatic expiry in the absence of offer and acceptance of an extension of contract, the decision is still subject to review by the Tribunal, which will set it aside if there was a formal or procedural flaw, or a mistake of fact or of law, or if essential facts were overlooked, or if there was abuse of authority, or if clearly mistaken conclusions were drawn from the evidence."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract;
Summary
Extract:
The reason given for non-renewal of the complainant's contract was unsatisfactory performance. The evaluation report for 1981 was signed long after the time limit laid down in the Staff Rules. Only a few weeks elapsed between the completion of the 1981 report and the processing of the 1982 report. As a result, the impugned decision took no account of the fact that between the complainant's two last performance reports he was not given time to add his objections or to show he could come up to expectation. The decision overlooked an essential fact and drew clearly mistaken conclusions from the evidence. The complainant is entitled to damages.
Keywords:
administrative delay; contract; disregard of essential fact; fixed-term; flaw; material damages; mistaken conclusion; moral injury; non-renewal of contract; performance report; right to reply; time limit; unsatisfactory service;
Judgment 628
54th Session, 1984
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The responsible officers carried out an on-the-spot investigation and concluded that the decision not to renew the complainant's contract was correct. "There is no reason to believe that these experienced officers would not be able to assess, quite dispassionately and accurately, the work performance of the complainant or that their advice was not fair and unprejudiced."
Keywords:
contract; fixed-term; inquiry; investigation; non-renewal of contract; unsatisfactory service;
Consideration 3
Extract:
The decision not to renew the complainant's contract suffers from no procedural defects. The organisation concedes that the complainant's case was mishandled. The chairwoman of the staff union made a strong protest against the treatment of the complainant. The organisation acknowledged that the complainant had been put to unnecessary hardship and it offered him an indemnity equal to six months salary. The complainant claims 20,000 dollars as material compensation for moral damages and grave defamation of character. "This is quite disproportionate to the damage suffered by him. [...] The ILO's offer is fair, and a sum equivalent to six months' salary and family allowance [...] is reasonable compensation."
Keywords:
amount; contract; fixed-term; material damages; moral injury; non-renewal of contract;
Consideration 2
Extract:
"The Director-General has a duty to ensure that the organisation is efficiently run. If in seeking to preserve efficiency he exercises his discretion not to renew a contract, it must be taken, unless the contrary is proved, that he is acting in the best interests of the organisation."
Keywords:
contract; fixed-term; non-renewal of contract; organisation's interest;
Judgment 623
53rd Session, 1984
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"A contract like the complainant's automatically ends on expiry and the contractual relationship terminates forthwith. Such a contract does not as a rule confer any right to renewal, and renewal is a matter of discretion".
Keywords:
contract; discretion; fixed-term; non-renewal of contract;
Judgment 607
52nd Session, 1984
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19
Extract:
"The complainant held a fixed-term appointment. On the expiry of each period of appointment the organization may, under the provisions cited [...], decide against renewal. But the existence of the provisions constitutes no bar to applying the case law. Otherwise all an organisation need do to evade review by the Tribunal and deprive a fixed-term official of a form of protection he is entitled to would be to provide that he had no right to renewal."
Keywords:
case law; contract; fixed-term; judicial review; non-renewal of contract;
Consideration 4
Extract:
The organisation contends that the complainant, who knew that his contract had expired, had no reason to expect to be notified of its non-renewal. He should therefore have challenged the decision not to renew, which was implicit in the expiry of his appointment, in time. "To allow [the organisation's] plea would enable its competent officers to resolve to deal with such questions only if they thought fit. That would make for an increase in the number of claims dealt with ex gratia on the grounds that they had not been lodged on expiry of the appointment, and so administration would become arbitrary."
Keywords:
contract; fixed-term; internal appeal; non-renewal of contract; receivability of the complaint; start of time limit; time bar; time limit;
Consideration 4
Extract:
On the matter of renewal, the Director-General has wide discretion, while the Tribunal's power of review is limited. "This relates to questions of substance, but not procedural rules, which are never applicable at discretion. To rule otherwise would increase the risk of dispute. To avoid being time-barred staff members would make a practice of filing claims, although very often the cumbersomeness of administration is wholly to blame for the tardy decision."
Keywords:
contract; discretion; fixed-term; judicial review; limits; non-renewal of contract; procedure before the tribunal;
Consideration 22
Extract:
"On the evidence before it the Tribunal can only reject the accusation. There is no proof of malice. As regards the possibility of a new assignment, although none of the complainant's applications was successful the Director-General gave reasons each time for refusing them, the reasons are legitimate and the decisions were in Unesco's interests. There was objective study of the possibilities of reassignment."
Keywords:
bias; contract; fixed-term; lack of evidence; non-renewal of contract;
Consideration 5
Extract:
On questions of principle, the Tribunal holds that "a staff member whose fixed-term appointment has expired may not be declared out of time so long as his former employer has not informed him of the non-renewal. Normally, the non-renewal will be an explicit decision. Only where a staff member has expressly applied for renewal will rejection of his application be implied on the expiry of the time limits set".
Keywords:
condition; contract; express decision; fixed-term; non-renewal of contract; receivability of the complaint; start of time limit; time bar; time limit;
Consideration 23
Extract:
The decision to refuse sick leave [by renewing a fixed-term contract] is quashed. "The Tribunal takes the view that pay for the period of sick leave will adequately compensate the complainant for the injury caused by the [organization's] unlawful decision, and there should be no further damages."
Keywords:
contract; extension of contract; fixed-term; non-renewal of contract; refusal; sick leave;
Judgment 600
52nd Session, 1984
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The question is [...] whether [the complainant] continues to be worth his place in the organisation. If he does, it is prima facie in the interests of the organisation to retain his services; if he does not, it is the Director-General's duty to allow the appointment to terminate. The Director-General must reach an informed and unprejudiced conclusion, but that is all that is required of him."
Keywords:
contract; discretion; fixed-term; limits; non-renewal of contract; organisation's interest; right to reply;
Judgment 592
51st Session, 1983
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
The report on the complainant's performance expresses reservations about it; it appears from several items filed that there was disagreement between the complainant and those he was in touch with. "The Tribunal accordingly holds that the [...] decision [not to renew the complainant's appointment] should be deemed to be in the ITU's interests and therefore suffers from none of the defects which would entitle the Tribunal to set it aside. In particular it does not draw any clearly mistaken conclusions from the facts. The complaint must therefore be dismissed."
Keywords:
contract; fixed-term; non-renewal of contract; organisation's interest; working relations;
Consideration 5
Extract:
"An organisation may not get rid of a [fixed-term] staff member as it pleases, and without stating reasons, when the period of his appointment expires. It must take care that its decision suffers from none of the defects which entitle the Tribunal to set it aside."
Keywords:
contract; discretion; duty to substantiate decision; fixed-term; non-renewal of contract;
Consideration 4
Extract:
"The case law is that whether or not to extend an appointment is a matter of discretion. The Tribunal may exercise only a limited power of review over such a decision".
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract;
Consideration 3
Extract:
The complainant was appointed for a fixed term. "It is immaterial that he received assurances about the possibility of confirmation, that he holds a permanent post. That his predecessor had a permanent appointment and that other staff members have been granted permanent appointments after fixed-term ones. None of these facts warrants the grant of the permanent appointment. In particular there is no provision in the Staff Regulations and Staff Rules which says that the incumbent of a permanent post should perforce have a permanent appointment."
Keywords:
amendment to the rules; contract; duration of appointment; fixed-term; non-renewal of contract; permanent appointment; post; right;
Judgment 588
51st Session, 1983
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"In endorsing the adverse comments in the last report the WHO did not rely on isolated or incorrect facts or draw clearly mistaken conclusions from the evidence. [...] The Director took account only of what was revealed by the report [...] and he considered the complainant's comments thereon. His decision to terminate the appointment shows none of the defects [which could lead the Tribunal to quash it] and is sound in law."
Keywords:
contract; fixed-term; judicial review; mistaken conclusion; non-renewal of contract; performance report; unsatisfactory service;
Judgment 577
51st Session, 1983
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The decision not to renew the complainant's contract was taken in the framework of economy measures requiring the abolition of certain posts. The complainant was not qualified to hold any of the vacant posts available [...] and his linguistic skills were insufficient to [permit] alternative employment [to be obtained] for him. His allegation of discrimination is, in the circumstances, unfounded."
Keywords:
abolition of post; budgetary reasons; condition; contract; fixed-term; non-renewal of contract; qualifications; reassignment;
Consideration 7
Extract:
"As the Tribunal observed in [Judgment 421] the question whether the action of the administration [...] was intended to have a contractual effect must be determined in the light of the circumstances in each case. In regard to the non-renewal of fixed-term contracts, it seems to the Tribunal that staff members would, in view of the practice, have come to rely on receiving reasonable notice as part of their contractual rights".
Reference(s)
ILOAT Judgment(s): 421
Keywords:
binding character; contract; fixed-term; non-renewal of contract; notice; practice; reasonable time;
Judgment 549
50th Session, 1983
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"The principles on which the Tribunal exercises a limited power of review of decisions of the Director General not to renew a fixed-term contract are now established in the Tribunal's jurisprudence and are not in any material point in this case in dispute. It is therefore unnecessary to restate them in general terms."
Keywords:
case law; contract; fixed-term; non-renewal of contract;
Consideration 4
Extract:
"The ending of the work on which an officer is engaged is not in all circumstances a conclusive justification of non-renewal; the possibility of using his services in other ways is also a factor to be considered. In the present case, however, the organization rightly contends that the complainant's qualifications as an analyst programmer were so specialised as to make it useless to consider posts in other departments."
Keywords:
contract; fixed-term; non-renewal of contract; qualifications;
Judgment 544
50th Session, 1983
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
An article of the Staff Rules "provides that there shall be no internal appeal against any decision not to renew a contract. There may therefore be a direct appeal to the Tribunal against such a decision, without any breach of the Statute, and whether the internal means of redress were exhausted is not a material issue in this case."
Keywords:
contract; direct appeal to tribunal; exception; fixed-term; internal remedies exhausted; non-renewal of contract; receivability of the complaint;
Consideration 2
Extract:
The decision not to renew the complainant's appointment was notified to him more than ninety days before the date on which he filed the complaint. "However [...] he made a request [...] for the institution of disciplinary proceedings to dispel the suspicion which he believed he was under; and [...] he [subsequently] appealed to the Director-General against the failure to convince the Disciplinary Board. His ultimate purpose [...] was to have the decision of non-renewal set aside; in other words to challenge it." It would be unduly formalistic to make the time limit run from the date of the decision not to renew his appointment was notified.
Keywords:
complaint; date of notification; decision; disciplinary procedure; internal appeal; non-renewal of contract; receivability of the complaint; request by a party; start of time limit;
Consideration 3
Extract:
The organization "is disregarding the restrictions on the Director-General's authority. It believes that the Director-General need provide no justification for not extending a fixed-term appointment. Not only did it fail to inform the complainant, at least in writing, of the reasons for the decision but it has said nothing whatever about them in the course of the present proceedings. In short, it acts as if the Director-General were free from any review of the exercise of his authority. It is not so. The non-renewal was therefore tainted with a mistake of law and should be quashed."
Keywords:
contract; discretion; duty to substantiate decision; fixed-term; flaw; judicial review; non-renewal of contract;
Judgment 516
49th Session, 1982
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
After the lodging of an internal appeal - the complainant sought a further short-term appointment - an extension was granted from 1 April to 31 May. A further extension was granted retroactively on 3 November from 31 May to 31 July. "None of this means [...] that the appeal was allowed or that the [...] complaint is therefore without substance. The two short extensions were granted for compassionate reasons, and they were not tantamount either to acceptance of the appeal or to an offer of any further short-term appointment. Accordingly the complainant still has a cause of action and the Tribunal will hear his claims for relief."
Keywords:
cause of action; contract; extension of contract; fixed-term; internal appeal; non-renewal of contract; receivability of the complaint; short-term;
Considerations
Extract:
"The complainant was an honourable and useful official and committed no misconduct. Moreover, the non-renewal was a personal decision taken by the Director-General at his discretion. The same compassionate reasons which warranted retroactive extension of the appointment to 31 July [...] may therefore justify a further and final retroactive extension to 29 August [*] [...] Be that as it may, it is not a matter for the Tribunal to decide."
[*] date based on a medical certificate.
Keywords:
contract; discretion; extension of contract; fixed-term; judicial review; non-renewal of contract; sick leave;
Summary
Extract:
The Tribunal is limited in the extent to which it can assess the legality of a decision not to grant the renewal of a contract. The Tribunal finds none of the defects which it would have competence to redress. There was no abuse of authority, and no essential facts were overlooked; nor were clearly mistaken conclusions drawn from the evidence. The Tribunal noted that a further extension of the appointment for compassionate reasons could be justifiable, but the Tribunal did not take a stand on the matter.
Keywords:
contract; discretion; extension of contract; fixed-term; judicial review; non-renewal of contract;
Judgment 495
48th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
"If in the case of an active staff member no reason (*) is given, an inference could be drawn that his activities had been improperly taken into account."
(*) in the present case, for non-renewal
Keywords:
contract; duty to substantiate decision; fixed-term; grounds; non-renewal of contract; presumption; staff union activity;
Consideration 5
Extract:
The Tribunal does not accept that whenever a staff member is in like case the burden of proof passes to the organization. "Each case must be decided on the proper inferences to be drawn from its own facts." The first matter to be examined is the reason for the decision. "The second matter in a case such as this is the presence or absence of evidence of any particular animosity by the administration towards the complainant, and of evidence of the part, prominent or otherwise, which he played in the controversy and of any act or attitude by him calculated to excite the administration's disapproval [...]."
Keywords:
bias; burden of proof; contract; fixed-term; grounds; judicial review; non-renewal of contract; staff union activity;
Considerations 6 and 8
Extract:
The complainant worked "on different projects for which money had to be found in the annual budget. This could not always be done by a regular allocation. It might have to be done by what is referred to as 'creative budgeting', i.e. the use of savings made within the regular budget and supplemented perhaps by money procured from external sources, e.g. international foundations." It was decided to terminate the contract. "On the whole the Tribunal is not satisfied that funds were not or could not have been made available for some extension."
Keywords:
budgetary reasons; contract; fixed-term; judicial review; non-renewal of contract; project personnel;
Judgment 493
48th Session, 1982
European Organisation for the Safety of Air Navigation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"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.
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract;
Judgment 480
47th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"As the Tribunal has said [...] in Judgment No. 431, the compensation generally awarded [upon non-renewal of contract] is less than the remuneration which the complainant would have received had he been reinstated. This is because he is not necessarily deprived of all means of livelihood."
Reference(s)
ILOAT Judgment(s): 427, 431
Keywords:
amount; application for execution; contract; fixed-term; material damages; non-renewal of contract; reckoning; salary;
Judgment 474
47th Session, 1982
European Molecular Biology Laboratory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The decision not to renew the complainant's contract was not based on any objective grounds: his behaviour and work did not prompt such criticism as would warrant the [...] decision[;] there is no reason to suppose that there were any shortcomings which precluded extending his appointment[;] the [organisation] does not contend that keeping the complainant on its staff would be against its own interests. [And it does not cite] the need to carry out structural reform or make savings. The Director-General [...] drew a clearly mistaken conclusion from the facts".
Keywords:
fixed-term; grounds; mistaken conclusion; non-renewal of contract;
Consideration 1
Extract:
The Staff Rules preclude appeals against non-renewal of appointment. The material provision "does have force within the organisation in that it preclude bringing certain appeals to the Director-General. [It] is not binding on the Tribunal, whose jurisdiction has been unconditionally recognised by the organisation and which will itself determine whether a complaint is receivable."
Keywords:
competence of tribunal; contract; fixed-term; iloat statute; internal appeal; non-renewal of contract; provision; receivability of the complaint; right of appeal;
Consideration 2
Extract:
"In so far as the Director-General decided not to extend the complainant's appointment by one year he exercised his discretion. But that does not mean that his decision is exempt from review. The Tribunal has consistently held that such a decision may be quashed for breach of a rule of form or of procedure, for a mistake of fact or of law, for failure to take account of essential facts, for misuse of authority, or if clearly mistaken conclusions were drawn from the facts."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract;
Consideration 3
Extract:
The Director-General's authority is not absolute. The Director-General seems to regard himself as entirely free to make what decisions he will and to believe "that he need not state the grounds for his decision either to the staff member or to the Tribunal. This view rests on an error of law [...] a decision [...] is in fact subject to review by the Tribunal. Although the Tribunal has only a limited power of review, it will so exercise it that the Director-General does not enjoy the unfettered authority he asserts. In assuming his decisions to be unchallengeable, the Director-General went beyond the limits of his discretionary authority, and this error of law alone affords grounds for allowing the complaint, at least in principle."
Keywords:
contract; discretion; duty to substantiate decision; fixed-term; flaw; grounds; judicial review; non-renewal of contract;
Judgment 470
47th Session, 1982
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant's contract expired and his post was simultaneously abolished. The organization applied the provision on the termination of temporary contracts. The Tribunal maintains that the provision on abolition of posts is applicable to temporary officials; a provision which deprives certain officials of benefiting from this provision is without effect because it does not respect the hierarchical ranking of rules.
Reference(s)
Organization rules reference: ARTICLE 1050.4 OF THE PAHO STAFF RULES
Keywords:
abolition of post; applicable law; contract; fixed-term; non-renewal of contract; precedence of rules;
Consideration 3(C)
Extract:
PAHO Staff Rule 1050.2 establishes the conditions and consequences of abolishing posts. "There is no sound reason to apply [the rule] in favour only of officials whose post is abolished during an appointment to the exclusion of those whose post is abolished at the end of the appointment. It is true that in general the former fare worse than the latter. The difference between the two is not, however, such as to warrant any difference in treatment."
Reference(s)
Organization rules reference: ARTICLE 1050.2 OF THE PAHO STAFF RULES
Keywords:
abolition of post; contract; equal treatment; fixed-term; non-renewal of contract; organisation's duties; termination of employment;
Consideration 7
Extract:
A letter from the Director to an official of the organization may be regarded as evidence of hostility towards the complainant as well as an act of sound administration; the telephone conversation between the Director and a member of the government is open to more than one interpretation. However, after informing the complainant in March that his appointment would end in June, the organization extended his appointment several times, "and thereby displayed genuine consideration. The Tribunal cannot therefore find that the allegation of personal prejudice is proved."
Keywords:
abolition of post; bias; contract; evidence; fixed-term; lack of evidence; non-renewal of contract;
Consideration 4
Extract:
The complainant had worked for the organisation for 12 years; he was nearing retirement age; his work had never aroused criticism. "Had his post not been abolished, therefore, he would certainly have had his appointment extended. To refuse an extension to such a deserving staff member would have constituted a misuse of authority which would have entitled the Tribunal to interfere. Accordingly, it was the abolition alone which made the complainant leave".
Keywords:
abolition of post; contract; fixed-term; grounds; non-renewal of contract; satisfactory service;
