Non-renewal of contract (384,-666)
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Keywords: Non-renewal of contract
Total judgments found: 320
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Judgment 3257
116th Session, 2014
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant successfully challenged the decision to offer him a one-year extension of his fixed-term contract rather than the two-year extensions he had previously received.
Considerations 18 and 19
Extract:
"[T]he Commission breached its own rules regarding the procedure by which the performance appraisal report, which contained the recommendation for the extension of the contract, was to be communicated to the Personnel Division. Paragraph 3.2 of Administrative Directive No. 20 (Rev.2) requires the proposal for the extension of the contract to be submitted to the Personnel Division with a justification of the recommendation that was stated in the proposal. The performance appraisal report was also to be submitted with them.
There are good reasons for this provision. The proposal containing the recommendation, the justification of the recommendation and the performance appraisal report, submitted together, is intended to provide a complete picture of the performance of a staff member. This in turn is to inform a decision which that Division, the PAP or the Executive Secretary may have been required to make."
Reference(s)
Organization rules reference: Paragraph 3.2 of Administrative Directive No. 20 (Rev.2)
Keywords:
contract; enforcement; non-renewal of contract; organisation's duties; performance report; staff regulations and rules;
Consideration 22
Extract:
[C]onsidering the practical difficulties that would arise given the effluxion of time since the non-renewal of the complainant’s contract, the Tribunal will not order reinstatement.
Keywords:
non-renewal of contract; reinstatement;
Judgment 3217
115th Session, 2013
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the non-renewal of his contract.
Judgment keywords
Keywords:
complaint dismissed; non-renewal of contract;
Judgment 3202
115th Session, 2013
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who was employed under a temporary contract, challenges the non-renewal of her appointment.
Judgment keywords
Keywords:
case sent back to organisation; complaint dismissed; non-renewal of contract;
Judgment 3192
114th Session, 2013
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decisions to abolish her post and not to renew her contract as linked to the harassment she allegedly experienced.
Judgment keywords
Keywords:
abolition of post; complaint dismissed; harassment; non-renewal of contract;
Judgment 3190
114th Session, 2013
South Centre
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant, who challenges the non-renewal of her fixed-term contract, failed to exhaust the internal means of redress.
Judgment keywords
Keywords:
complaint dismissed; fixed-term; internal remedies not exhausted; non-renewal of contract;
Judgment 3183
114th Session, 2013
International Organization of Legal Metrology
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant unsuccessfully challenges the non-renewal of her contract following the abolition of her post.
Judgment keywords
Keywords:
complaint dismissed; non-renewal of contract;
Judgment 3175
114th Session, 2013
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant challenges the decision not to extend his contract until the end of his sick leave.
Judgment keywords
Keywords:
complaint dismissed; non-renewal of contract; sick leave;
Consideration 14
Extract:
[A]s the Organization points out, the Tribunal has clarified its position regarding the extension of a contract to cover sick
leave. In Judgments 1494 (under 6 and 7) and 2098 (under 8) it made it plain that the precedent set in Judgments 607 and 938, on which the complainant relies, must not be applied out of context; obviously, the Tribunal did not establish a rule whereby, whatever the circumstances, an official who falls ill towards the end of his or her appointment is entitled to have it extended beyond the date of expiry and to receive a salary for the same term. It is equally plain that the principle set forth in Judgment 938, under 12, that “a staff member cannot be separated while on sick leave” must be seen in context; it cannot be extended to every case in which an appointment ends.
Reference(s)
ILOAT Judgment(s): 607, 938, 1494, 2098
Keywords:
non-renewal of contract; sick leave;
Judgment 3172
114th Session, 2013
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant contests the abolition of her post and the decision not to extend her appointment as procedurally flawed.
Judgment keywords
Keywords:
abolition of post; complaint allowed; non-renewal of contract;
Judgment 3166
114th Session, 2013
International Federation of Red Cross and Red Crescent Societies
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant alleges that he suffered harassment, mobbing and defamation on the part of his supervisors.
Considerations 18 and 19
Extract:
"[T]he JAC made a finding of procedural irregularities in relation to the consideration of the complainant’s grievances. It recognised, as this Tribunal has stated, that an organisation has a duty to its staff members to investigate claims of harassment (see Judgment 3071). This conclusion would have warranted consideration of a remedy. However, the JAC adopted the approach, accepted by the Secretary General, that the Federation had “acted in the [complainant’s] favour” because the contract of [the alleged harasser], amongst others, had not been renewed.
The non-renewal of [that person]’s contract did not involve a vindication of the complainant’s rights. Ordinarily, the mechanism for addressing the violation of a person’s rights is to award compensation to the aggrieved person or to make an order restoring the person to the position he or she would have been in but for the violation. The nonrenewal of the contract of a person who had violated a complainant’s rights may, of course, provide moral comfort to the complainant. However, the task of the Secretary General is to determine a response in relation to a grievance formally raised and established which remedies the effect of the proven violation of rights. The non-renewal of a contract, such as occurred in the present case, does not serve this purpose."
Reference(s)
ILOAT Judgment(s): 3071
Keywords:
advisory body; claim; compensation; contract; decision; executive head; harassment; injury; material injury; moral injury; non-renewal of contract; organisation's duties; procedural flaw;
Judgment 3163
114th Session, 2013
International Organization for Migration
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant unsuccessfully challenges the decision not to renew her contract following the abolition of her post.
Judgment keywords
Keywords:
abolition of post; complaint dismissed; non-renewal of contract;
Judgment 3159
114th Session, 2013
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary: The complainant unsuccessfully challenges the decision to abolish his post.
Considerations 9, 19 and 20
Extract:
"The terms of Staff Rule 1050.2 are clear. They impose a duty on the Organization in specified circumstances. The duty is to use reasonable efforts to reassign a staff member whose post is being abolished. The specified circumstances are, as to a staff member on a fixed-term appointment, that the staff member has served “for a continuous and uninterrupted period of five years or more”. The expression “continuous and uninterrupted” fairly emphatically focuses attention on service of a particular character. There is no basis in the language of the Staff Rule to treat its operation as ambulatory in the sense that a person who has been on a fixed-term appointment but has not served in that capacity for a continuous and uninterrupted period of at least five years is nonetheless a person to whom the Organization, by operation of the Rule, is under a duty to make reasonable efforts to reassign. [...] However, a staff rule cast in terms of Staff Rule 1050.2 does not preclude the possibility that the Organization is under a duty requiring proactive conduct in circumstances not comprehended by the Rule itself. WHO does not put in issue that there is a general duty of loyalty, as the complainant contends. What might be required of an organisation in broadly similar circumstances was considered by the Tribunal in Judgment 2902. [...] The same reasoning can be applied in the present case. The complainant and WHO found it mutually acceptable, and with benefits accruing to both, for the complainant to be employed on a series of short-term appointments for much of the complainant’s employment. But the complainant nonetheless had worked, in a real and practical sense, for over a decade and a half in the service of the Organization. In those circumstances, WHO was obliged to explore with the complainant other employment options prior to his separation."
Reference(s)
Organization rules reference: Staff Rule 1050.2
ILOAT Judgment(s): 2902
Keywords:
abolition of post; contract; duration of appointment; enforcement; fixed-term; general principle; intention of parties; non-renewal of contract; organisation's duties; reassignment; short-term; staff regulations and rules; successive contracts;
Judgment 3150
113th Session, 2012
International Criminal Court
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint dismissed; non-renewal of contract; performance evaluation; unsatisfactory service;
Consideration 9
Extract:
The Tribunal’s case law establishes that a decision not to renew an official’s appointment for unsatisfactory service must be grounded on a consideration of the official’s appraisal reports. Additionally, an international organisation must comply with its own procedures in relation to performance appraisals (see, for example, Judgment 2850, under 10).
Reference(s)
ILOAT Judgment(s): 2850
Keywords:
non-renewal of contract; performance evaluation; unsatisfactory service;
Judgment 3149
113th Session, 2012
Agency for International Trade Information and Cooperation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint dismissed; executive head; harassment; non-renewal of contract;
Judgment 3148
113th Session, 2012
Centre for the Development of Enterprise
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 25
Extract:
The Tribunal draws attention to the fact that, where the reason for not renewing a contract is the unsatisfactory nature of the performance of a staff member, who is entitled to be informed in a timely manner as to the unsatisfactory aspects of his or her service, the organisation can base its decision only on an assessment carried out in compliance with previously established rules (see, in particular, Judgment 2991, under 13, and the case law cited therein). This presupposes that the person in question has been informed in advance of what is expected of him or her, in particular, by the communication of a precise description of the objectives set.
Reference(s)
ILOAT Judgment(s): 2991
Keywords:
non-renewal of contract; unsatisfactory service;
Judgment keywords
Keywords:
complaint allowed; decision quashed; non-renewal of contract; performance evaluation; unsatisfactory service;
Judgment 3142
113th Session, 2012
Energy Charter Conference
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint allowed; decision quashed; harassment; non-renewal of contract;
Consideration 14
Extract:
[T]he organisation had a duty to investigate the complainant’s claim of harassment independently of any question as to the renewal of her contract. Indeed, to make a staff member’s contract renewal dependent on the outcome of an investigation of his or her claim of harassment is a clear disincentive to the making of a claim, even if the claim is justified.
Keywords:
harassment; non-renewal of contract;
Consideration 15
Extract:
Quite apart from the wrongful linking of the renewal of the complainant’s contract to the outcome of her complaint of harassment, the report of the ad hoc board did not justify the course taken. There is nothing to suggest that the complainant withdrew any of the specific claims made by her on 25 July 2009 and, as already noted, some of those claims were capable of being categorised as sexual harassment. Moreover, the board did not find that any of the claims were false. Further, although the board stated that it had come to the conclusion in its interview with the complainant that she “was withdrawing her claims of sexual harassment”, its ultimate conclusion was that “she did not pursue” these claims, a course which is entirely explicable in view of the absence of any reference to “sexual harassment” in the Terms of Reference. So far as concerns the claim of harassment generally, the Secretary-General committed an error of law in treating the situation as “serious” on the basis that there had been a finding that harassment had not occurred. It is entirely proper to treat as serious a situation where it is subsequently found that an allegation of harassment has no factual basis. In that situation, there has been a false accusation. In the present case, the ad hoc board found that there was a factual basis to the complainant’s claim, albeit without identifying the precise conduct involved. It found that there had been no harassment solely on the basis that the complainant’s supervisor neither knew nor ought to have known that his conduct – conduct that the Secretary-General said that he deplored – was unwelcome. And it did so simply on the basis that she had not told him so. Where behaviour is such as to satisfy all the elements in the definition of “harassment”, save knowledge on the part of the perpetrator, it is entirely proper for a staff member to make a claim of harassment. And a decision not to renew that staff member’s contract on the ground that a complaint of harassment, although properly made, was not sustained because the perpetrator neither knew nor ought reasonably to have known his conduct was unwelcome gives rise to an inference of retaliation. More particularly is that so where, as here, the contract of the person who engaged in the conduct concerned was renewed quite independently of the outcome of the investigation and the only real criticism that could be made of the person whose contract was not renewed was that she did not make her feelings known and did not make an “earlier attempt to resolve difficulties [...] in a less confrontational manner”.
Keywords:
fixed-term; non-renewal of contract; retaliation; sexual harassment;
Judgment 3141
113th Session, 2012
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint allowed; decision quashed; host state; non-renewal of contract; swiss legitimation card;
Judgment 3140
113th Session, 2012
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint dismissed; non-renewal of contract;
Judgment 3139
113th Session, 2012
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
As the Tribunal recalled in Judgment 1544, under 11, although a fixed-term appointment ends automatically at the scheduled date of expiry, the staff member must be told the true grounds for non-renewal and given reasonable notice of it, irrespective of the contents of the clauses of his or her contract.
Reference(s)
ILOAT Judgment(s): 1544
Keywords:
non-renewal of contract;
Considerations 4 and 5
Extract:
The complainant has no grounds to regard the refusal to renew her contract as a disguised disciplinary measure imposed in retaliation for the internal appeals against her suspension [...].
Moreover, the decision of 31 March 2010 cannot be regarded as a dismissal decision; it was simply a decision not to renew a contract which was due to expire because, at that date, no request for review having been submitted within the prescribed time limit, the decision of 17 November 2009 extending the complainant’s appointment for five months had become final (see Judgment 3140, also delivered this day).
Although the decision of 31 March 2010 was therefore neither a disciplinary measure nor a dismissal, the complainant’s right to be heard had to be respected nonetheless.
Reference(s)
ILOAT Judgment(s): 3140
Keywords:
hidden disciplinary measure; non-renewal of contract; right to be heard; termination of employment;
Judgment keywords
Keywords:
complaint allowed; decision quashed; non-renewal of contract; performance evaluation;
Judgment 3135
113th Session, 2012
Technical Centre for Agricultural and Rural Cooperation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Judgment keywords
Keywords:
complaint dismissed; non-renewal of contract; performance evaluation;
Judgment 3090
112th Session, 2012
World Intellectual Property Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
"[WIPO's] employment relationship with the complainant always rested on short-term contracts [...]. These contracts were systematically renewed without any notable breaks, with the result that [...] the complainant pursued a career in the Organization for more than seven years, i.e. until the expiry of [her last] contract. This long succession of short-term contracts gave rise to a legal relationship between the complainant and WIPO which was equivalent to that on which permanent staff members of an organisation may rely. In considering that the complainant belonged to the category of short-term employees to whom the Staff Regulations and Staff Rules do not apply and who do not enjoy legal protection comparable to that enjoyed by other staff members, the defendant failed to recognise the real nature of its legal relationship with the complainant. In so doing it committed an error of law and misused the rules governing short-term contracts."
Keywords:
abuse of power; applicable law; career; contract; difference; extension of contract; misuse of authority; non-renewal of contract; permanent appointment; short-term; staff regulations and rules; status of complainant; temporary-indefinite; terms of appointment;
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