Non-renewal of contract (384,-666)
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Keywords: Non-renewal of contract
Total judgments found: 326
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Judgment 2259
95th Session, 2003
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
Compliance with the rules of procedure is among the guarantees offered to international civil servants. There is nothing to suggest that the omission of a formality has no adverse effects on the situation of the staff members concerned. In the present case, a written proposal by the Director of the Administration Division would have been particularly necessary for consideration of the complainant's case. His plea based on the breach of Administrative Directive No. 20 (Rev.2) therefore succeeds.
Keywords:
contract; due process; effect; non-renewal of contract; omission; organisation's duties; procedure before the tribunal; safeguard; separation from service;
Judgment 2213
95th Session, 2003
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6(a)
Extract:
The Tribunal had dismissed the complaint by which the complainant impugned the non-renewal of his appointment. In his application for review of that judgment, he submits that a post intended for him had been mentioned in the draft programme and budget and that, since the document had been approved as it stood by the General Conference, this implied his appointment to the post at issue. "The question arises as to whether such an argument affords grounds for review. It is not necessary to answer that question, considering that the fact does not appear to be decisive, since the adoption of a budget could [...] not be interpreted as a decision to make an appointment."
Keywords:
acceptance; admissible grounds for review; application for review; appointment; assignment; consequence; contract; decision; executive body; inadmissible grounds for review; interpretation; non-renewal of contract; post;
Judgment 2198
94th Session, 2003
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 12-13
Extract:
The complainant worked, from 1993 to 2000, under a series of short-term contracts of varying durations. "It was clearly within the discretionary authority of the Director-General to decide whether to renew the complainant's short-term contract or offer him a fixed-term contract. The complainant cannot now claim to be treated retroactively as if he had a fixed-term contract; he was at all times a short-term staff member (see, for example, Judgment 2107, under 10). [...] Precedent has it that, at the discretion of the executive head, a temporary appointment may be extended or converted to a fixed-term appointment, but it does not carry any expectation of, nor imply any right to, such extension or conversion and shall, unless extended or converted, expire according to its terms, without notice or indemnity (see, in particular, Judgment 1560, under 4)."
Reference(s)
ILOAT Judgment(s): 1560, 2107
Keywords:
contract; discretion; duration of appointment; executive head; fixed-term; non-renewal of contract; non-retroactivity; notice; right; short-term; successive contracts; terminal entitlements;
Judgment 2175
94th Session, 2003
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11(c)
Extract:
"The complainant states that the Director-General based the decision not to renew his contract on the false assumption that he was using [his] project for self-enrichment purposes. If that were true, however, it would be grounds for immediate termination and not merely non-renewal of a fixed-term contract."
Keywords:
contract; decision; executive head; fixed-term; grounds; misconduct; mistake of fact; non-renewal of contract; termination of employment; unjust enrichment;
Judgment 2171
94th Session, 2003
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"The non-renewal of a fixed-term contract is not the same thing as termination and does not give rise to any termination indemnity."
Keywords:
contract; difference; fixed-term; non-renewal of contract; terminal entitlements; termination of employment;
Judgment 2162
93rd Session, 2002
European Organization for Nuclear Research
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"Where a notice period ends after the expiry of a fixed-term contract, the notice requirement will be met if the contract is extended by the amount of time needed to make up the full period of notice."
Keywords:
contract; duration of appointment; extension of contract; fixed-term; non-renewal of contract; notice; organisation's duties; separation from service;
Judgment 2150
93rd Session, 2002
International Criminal Police Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 10
Extract:
"The reduction in income suffered by detached employees when returning to their administration cannot be deemed the responsibility of the organisation concerned. [...] All employees who are detached should bear in mind that when, for one reason or another, they return to their administration, their salary is very likely to be lower. [...] Detachment offers particular advantages which encourage employees to apply for it, as well as disadvantages, including the precariousness arising out of the duration of the appointment offered. If an appointment is not renewed when it expires, this does not automatically result in an injury for which compensation may be claimed, whatever the nature of the injury."
Keywords:
career; consequence; contract; duration of appointment; non-renewal of contract; reduction of salary; salary; secondment;
Judgment 2121
93rd Session, 2002
Preparatory Commission for the Comprehensive Nuclear-Test-Ban Treaty Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 9 and 14
Extract:
The recommendation of the Personnel Advisory Panel not to renew the complainant's contract was followed. She submits that "at no time was she given a reason for the decision not to renew her appointment. The failure to cite a reason runs counter to principles embodied in a series of Tribunal judgments [...] to state that another body has recommended against renewal, without stating why, is not enough to satisfy the Tribunal that a reason for such non-renewal was given."
Keywords:
acceptance; advisory body; case law; complainant; contract; duty to substantiate decision; evidence; general principle; grounds; iloat; non-renewal of contract; recommendation;
Judgment 2116
92nd Session, 2002
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 11
Extract:
"A staff member who files an appeal is entitled to expect a decision to be taken within a reasonable time. Since an internal appeal is a necessary prelude to judicial review, the organization too must respect the need for expeditious proceedings. In this case more than two-and-a-half years elapsed between the complainant's appeal to the Appeals Committee and the Director-General's decision to reject it. Circumstances and the nature of the case demanded an expeditious appeal procedure. Since, in the internal appeal, the complainant was challenging a decision not to keep her on and claiming reinstatement, she needed to know quickly what the outcome of the appeal would be. Indeed, her future to some extent depended on it. Though it raised some delicate issues, the case was not particularly complex. The conclusion is that the appeal was not sufficiently expeditious. The amount of time usually needed to deal with such a case was far exceeded. As a result the complainant suffered injury warranting redress."
Keywords:
contract; delay; exception; internal appeal; internal appeals body; material damages; moral injury; non-renewal of contract; organisation's duties; reasonable time; staff member's interest; time limit;
Judgment 2104
92nd Session, 2002
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
"Precedent says that there will be abuse of authority where the administration, though not overstepping its authority, uses it for some purpose other than those prescribed by law or, to put it more broadly, those that the general interest requires. A staff member who pleads misuse of authority, and the Tribunal that allows the plea, must be able to identify the improper purposes for which the authority (in this case the authority not to renew a short-term appointment) has been exercised."
Keywords:
abuse of power; contract; definition; misuse of authority; non-renewal of contract; purpose; short-term;
Consideration 6
Extract:
An international organization has a "duty to warn the [staff member] about the non-renewal [of his contract] long enough in advance to enable him to exercise his rights and take whatever steps he saw fit." The present case concerned a short-term appointment which was renewed several times.
Keywords:
contract; duration of appointment; non-renewal of contract; notice; organisation's duties; separation from service; short-term;
Judgment 2096
92nd Session, 2002
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 13
Extract:
"The [contract renewal] board was under the obligation to take into account performance appraisal reports [...]. The [complainant's] performance appraisal report for 1999 had not been completed for submission to the board. Yet, before a decision is taken not to renew a contract, precedent has it that it is a fundamental obligation to examine the staff member's performance appraisal. Failure to comply with that obligation constitutes a procedural flaw as it has the effect of excluding an essential fact from consideration (see, in particular, Judgment 1525 [...] and the case law cited therein)."
Reference(s)
ILOAT Judgment(s): 1525
Keywords:
advisory body; case law; contract; delay; disregard of essential fact; effect; iloat; non-renewal of contract; organisation's duties; performance report; procedural flaw;
Judgment 2080
92nd Session, 2002
Organisation for the Prohibition of Chemical Weapons
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 14-15
Extract:
"The Director-General, in exercise of his discretionary authority and taking into account the overall interests of the organisation, decided that the [complainant's] post [...] should be redefined and that [his] contract should not be renewed. The Tribunal accepts that the organisation was entitled to adapt to changes and to modify the job description for the given post in view of the organisation's future needs."
Keywords:
amendment to the rules; contract; decision; discretion; executive head; non-renewal of contract; organisation; organisation's interest; post description; post held by the complainant; reorganisation; right;
Consideration 16
Extract:
The complainant's contract was not renewed upon expiry. "Interim Staff Rule 4.4.02(b) provides that separation as a result of the expiration of an appointment shall not be regarded as a termination [...] Rule 9.1.01(b) defines termination [...] as any separation initiated by the Director-General, other than the expiration of a contract. Therefore, the question of any termination indemnity payable to the complainant does not arise."
Reference(s)
Organization rules reference: OPCW INTERIM STAFF RULE 4.4.02(B), OPCW INTERIM STAFF RULE 9.1.01(B)
Keywords:
consequence; contract; decision; definition; difference; executive head; non-renewal of contract; official; provision; separation from service; staff regulations and rules; terminal entitlements; termination of employment;
Judgment 2049
91st Session, 2001
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
After lenghty negociations, the complainant accepted the offer of separation by mutual agreement (which increased by 50% his termination indemnity on the condition that he would not challenge the decision of separation either before the Appeals Board or the Tribunal). He pleads lack of consent. "The complainant cites financial difficulties and a 'reactive anxio-depressive clinical context' to demonstrate that he was in no state to consent freely. But the evidence shows that he had been examined by an expert chosen by mutual agreement between his doctor and the chief medical officer of [the organization] and that he had been found fit to resume work as from June 1996. There are no grounds for doubting that the complainant had all his mental faculties when, after lengthy negotiations, he finally accepted an offer which afforded him significant financial benefits. He has neither proved that his consent to the negotiated termination was deficient nor provided any evidence to cast doubt on its validity."
Keywords:
agreed termination; lack of consent; medical fitness; non-renewal of contract; offer; separation from service; terminal entitlements; waiver of right of appeal;
Judgment 2048
91st Session, 2001
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 12 and 15
Extract:
Sending a threatening letter to a colleague is unacceptable conduct by an international civil servant. The Tribunal is of the opinion that this is a valid reason for not renewing a contract.
Keywords:
conduct; contract; decision; disciplinary measure; freedom of speech; grounds; misconduct; non-renewal of contract; staff member's duties; working relations;
Judgment 1983
89th Session, 2000
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The complainant's contract was not extended. "It is true that the complainant was aware of the organization's intentions, having been informed of them several times, in particular, in a talk with the Director of the [organization's] service in France on 6 November 1997 and by the fax messages of 11 and 20 November 1997. Nevertheless, she was right to wait for official notification of an administrative decision from the competent authorities of [the organization] before challenging the measure. Although the letter of 16 January 1998 signed by the Director of the [organization's] service in France appears to be merely a letter of confirmation, it is the only official administrative decision adversely affecting the complainant. Her letter of 6 February 1998 seeking a review of it was therefore in time."
Keywords:
cause of action; confirmatory decision; decision; duty to inform; non-renewal of contract; notice; organisation's duties; receivability of the complaint; separation from service; staff member's interest;
Consideration 6
Extract:
"As to the absence of one month's notice, [the organization] rightly points out that the obligation arising from the provisions of the Staff Regulations applies to dismissal and not to non-renewal of a fixed-term appointment. Nonetheless, the case law says that an organisation must always give the reasons for a decision not to renew an appointment and those reasons must be notified to the staff member within a reasonable time."
Keywords:
duty to substantiate decision; non-renewal of contract; notice; organisation's duties; precedence of rules; separation from service; staff member's interest; staff regulations and rules;
Judgment 1911
88th Session, 2000
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations 6-7
Extract:
"It is a general principle of the international civil service that there must be a valid reason for any decision not to renew a fixed-term contract and that the reason must be given to the staff member [...]. An official whose fixed-term contract is reaching expiry must be informed in a timely manner of the real reasons for the decision not to renew it [...]. In this case a mere reference to a letter sent to the complainant nearly two years previously cannot, in the absence of any other indication as to the real reasons for the decision to be taken, exempt the observatory from stating the grounds clearly."
Keywords:
contract; date; decision; duty to inform; duty to substantiate decision; fixed-term; general principle; grounds; international civil service principles; non-renewal of contract; organisation's duties; separation from service;
Judgment 1906
88th Session, 2000
United Nations Industrial Development Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"The complainant argues that, since none of [the instances of insubordination and improper activity which were noted by the organization] was ever made the object of disciplinary proceedings against him, they cannot be invoked as reasons in support of the decision not to renew his contract. The complainant is wrong. An organization is never under an obligation to launch disciplinary proceedings against a staff member and, where that person's appointment is drawing to an end, the fact that there are possible disciplinary infractions on his part may properly be considered when the administration is deciding whether or not to offer him a new contract."
Keywords:
contract; disciplinary procedure; grounds; non-renewal of contract; organisation's duties; separation from service;
Judgment 1883
87th Session, 1999
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
"The complainant contests [the non-renewal of his contract] by a motion for an interlocutory order, [he] seeks preliminary injunctive relief to force the organization to place him on unpaid leave of absence and to offer him contract work as available. [T]o allow the motion would of necessity decide the principal issue in the complaint which is before the Tribunal on the merits. The requested injunction would have the effect of altering the status quo. The reply raises serious issues which should only be determined on the merits." The Tribunal adds that "the allegation of irreparable harm is unconvincing" [and that] "the balance of hardships favours the organization."
Keywords:
compensation; contract; interlocutory order; non-renewal of contract; order;
Judgment 1783
85th Session, 1998
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"When the Tribunal quashes a flawed decision not to renew a fixed-term appointment it has discretion as to the relief it grants. It may send the case back for a new decision by the Organisation on renewal [...] but if it considers that renewal would be only fair, it will, instead of ordering a new decision, actually order reinstatement under a new contract for an appropriate term. [...] But if it considers neither a new decision nor reinstatement to be possible or advisable, it may, as authorised by Article VIII of its Statute, award the complainant compensation."
Reference(s)
ILOAT reference: ARTICLE VIII OF THE STATUTE
Keywords:
allowance; application for execution; case sent back to organisation; compensation; contract; decision quashed; duration of appointment; effect; fixed-term; iloat statute; judgment of the tribunal; non-renewal of contract; reinstatement; subsidiary;
Judgment 1750
85th Session, 1998
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 6
Extract:
"A steady line of precedent does indeed have it that non-renewal and valid reasons for it must be duly notified so that the staff member may act accordingly and in particular exercise the right of appeal [...]. The case law does not require that the reasons be stated in the text that gives notice of non-renewal."
Keywords:
case law; contract; decision; duty to substantiate decision; fixed-term; grounds; non-renewal of contract; right of appeal;
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