Non-renewal of contract (384,-666)

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Keywords: Non-renewal of contract
Total judgments found: 326

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• Judgment 3353

  
  118th Session, 2014
  International Telecommunication Union
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainants challenge the non-renewal of their contracts following a restructuring process and obtain moral damages for the serious affront to their dignity and the failure to give reasonable notice.

  Judgment keywords

  Keywords:

  complaint allowed; fixed-term; non-renewal of contract; staff reduction;
  

  Considerations 15-16

  Extract:

  "[T]he enquiry into the lawfulness of the non-renewal of the complainants’ employment extends further than these considerations. The Tribunal’s case law recognises other obligations on an international organisation where it does not renew a staff member’s fixed-term contract. According to the case law, substantively, a decision not to renew a fixed-term contract must be based on objective and valid grounds. There are also formal requirements. These, however, are to be assessed against the background of the consistent statements by the Tribunal that the decision not to renew a fixed-term contract is discretionary and can be reviewed only on limited grounds (see Judgments 2933, under 10, 2830, under 6, 1231, under 26, and 1154, under 4).
  Accordingly, the Tribunal will not substitute its own assessment for that of the organisation. The Tribunal will only impeach such a decision if it is ultra vires: that is, if the decision is tainted by a legal or procedural irregularity; is based on incorrect facts; if essential facts have not been considered or wrong conclusions have been drawn from the facts, or if the decision is based on an error of fact or law or amounts to an abuse of authority (see, for example, Judgments 2850, under 6, 2861, under 83, and 3299, under 6)."

  Reference(s)

  ILOAT Judgment(s): 1154, 1231, 2830, 2850, 2861, 2933, 3299
  

  Keywords:

  fixed-term; non-renewal of contract;
  

  
  
  

• Judgment 3329

  
  117th Session, 2014
  United Nations Industrial Development Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant impugns the decision not to renew his contract after he refused to be reassigned, and obtains its quashing on the ground that this decision was tantamount to a hidden disciplinary measure.

  Judgment keywords

  Keywords:

  complaint allowed; decision quashed; non-renewal of contract;
  

  
  
  

• Judgment 3299

  
  116th Session, 2014
  International Organization for Migration
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant successfully impugns a decision to keep in her personal file a warning letter and the non-renewal of her contract.

  Judgment keywords

  Keywords:

  complaint allowed; harassment; non-renewal of contract; performance report;
  

  Consideration 28

  Extract:

  The JARB recommended that the Organization should renew the complainant’s contract in another suitable position. The Tribunal is cognisant of the fact that the complainant was on a short-term contract. The Tribunal is also cognisant of the practical difficulties that would arise given the effluxion of time since the non-renewal of the complainant’s contract. In these circumstances, reinstatement is not a viable option.

  Keywords:

  non-renewal of contract; reinstatement;
  

  
  
  

• Judgment 3286

  
  116th Session, 2014
  International Atomic Energy Agency
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: Non-extension of a fixed-term contract. Failure to investigate allegations of harassment.

  Consideration 25

  Extract:

  "Even if the complainant was perceived to be a difficult staff member to deal with and was perceived to have been performing unsatisfactorily in fairly fundamental ways, she was entitled to have the unsatisfactory performance procedures followed and probably well before the decision was taken not to renew her contract [...]."

  Keywords:

  non-renewal of contract; organisation's duties; unsatisfactory service;
  

  
  
  

• Judgment 3282

  
  116th Session, 2014
  European Southern Observatory
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant successfully challenged the decision not to renew his contract based on an "overall assessment" that his performance was below the acceptable level.

  Consideration 3

  Extract:

  "The guarantee of access to justice is a guarantee of access to a judge, which the complainant has in his ability to bring a complaint before the Tribunal. [...] In this case, Article VI.1.02 of the Staff Rules provides that there is no internal remedy for decisions regarding non-renewal of contract and as such, the complainant has direct access to the Tribunal."

  Reference(s)

  Organization rules reference: Article VI.1.02 of the Staff Rules
  
  

  Keywords:

  competence of tribunal; internal appeal; judicial review; non-renewal of contract; right; staff regulations and rules;
  

  Judgment keywords

  Keywords:

  breach; compensation; complaint allowed; contract; decision quashed; duty of care; flaw; material injury; moral injury; non-renewal of contract;
  

  Consideration 5

  Extract:

  As in Judgment 2916, under 4, the Tribunal holds that “an organisation may not in good faith end someone’s appointment for poor performance without first warning him and giving him an opportunity to do better […]. Moreover, it cannot base an adverse decision on a staff member’s unsatisfactory performance if it has not complied with the rules established to evaluate that performance […].” [...] Consistent case law states that “[a] staff member whose service is not considered satisfactory is entitled to be informed in a timely manner as to the unsatisfactory aspects of his or her service so that steps can be taken to remedy the situation” (see Judgment 2414, under 23).

  Reference(s)

  ILOAT Judgment(s): 2414, 2916
  

  Keywords:

  fixed-term; non-renewal of contract; performance report; unsatisfactory service; work appraisal;
  

  
  
  

• Judgment 3264

  
  116th Session, 2014
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant successfully impugns the decision not to renew her contract after an extension of her probationary period and is granted damages.

  Judgment keywords

  Keywords:

  breach; complaint allowed; confidential evidence; decision quashed; disclosure of evidence; discretion; due process; duty to inform; extension of contract; general principle; good faith; judicial review; non-renewal of contract; organisation's duties; performance report; probationary period; procedural flaw; respect for dignity; right to reply; unsatisfactory service; work appraisal;
  

  
  
  

• 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;
  

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