Judgment No. 1044

• Organization: Food and Agriculture Organization of the United Nations (FAO)
• Date: 26.06.1990
• Original: Anglais
• Judges: Ducoux, Carroll, Douglas
• Full judgment text (anglais) - Texte intégral du jugement

Decision

THE COMPLAINT IS DISMISSED.

Summary

Extract:

The complainant objects to the non-renewal of her appointment. She alleges that upon recruitment she was given assurances that her fixed-term appointment would be converted into a continuing one on the date of expiry. But there is no evidence to suggest that she was given any such assurance.

Keywords

evidence; lack of evidence; contract; fixed-term; permanent appointment; promise; non-renewal of contract

Consideration 3

Extract:

"Whether to renew a fixed-term appointment is a discretionary decision, and the Tribunal may not set it aside unless it was taken without authority, or in breach of a rule of form or of procedure, or unless it was based on a mistake of fact or of law, etc." The organization's financial difficulties constituted a proper basis on which to base the decision not to extend her appointment.

Keywords

contract; fixed-term; budgetary reasons; non-renewal of contract; judicial review; discretion