Judgment No. 3743
Decision
The complaint is dismissed.
Summary
The complainant challenges the non-renewal of her fixed-term contract.
Judgment keywords
Keywords
non-renewal of contract; complaint dismissed
Consideration 2
Extract:
[A]n organisation has a wide discretion in deciding whether to renew a fixed-term appointment and its right to refuse to renew can be based on unsatisfactory performance (see, for example, Judgments 892, consideration 8, 1405, consideration 4, 1441, consideration 18, and 1711, consideration 4). Nonetheless such a discretionary decision can be successfully impugned if it is fatally flawed by, for example, procedural defects, a failure to take account of some essential fact, abuse or misuse of authority, or if it was based on an error of fact or of law (see, for example, Judgment 3626, consideration 10).
Reference(s)
ILOAT Judgment(s): 892, 1405, 1441, 1711, 3626
Keywords
non-renewal of contract; discretion
Consideration 3
Extract:
[T]he executive head of an international organisation is under a duty to provide reasons for rejecting a recommendation by an internal appeal body (see, for example, Judgment 3208, consideration 11).
Reference(s)
ILOAT Judgment(s): 3208
Keywords
motivation
Consideration 12
Extract:
The complainant bears the burden of proving malice, bad faith or misuse of authority (see, for example, Judgments 3543, consideration 20, and 3678, consideration 6).
Reference(s)
ILOAT Judgment(s): 3543, 3678
Keywords
burden of proof; misuse of authority; bad faith; malice; abuse of power
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