Judgment No. 4513
Decision
1. The decision of the Director General of Eurocontrol of 4 October 2018 and the decision of 30 October 2017 are set aside.
2. Eurocontrol shall pay the complainant compensation in the amount of 65,000 euros, as stated in consideration 15 of the judgment.
3. The Organisation shall also pay him compensation in the amount of 2,000 euros for the delay in the internal appeal procedure.
4. Lastly, it shall pay him costs in the amount of 4,000 euros.
5. All other claims are dismissed.
Summary
The complainant challenges the decision not to convert his appointment as a graduate when it expired and to terminate it.
Judgment keywords
Keywords
complaint allowed; probationary period; extension of contract
Consideration 5
Extract:
Under the Tribunal’s case law, the decision not to renew a fixed-term contract is a discretionary decision, but if the decision rests on poor performance, the assessment of that performance has to be made in accordance with the rules established for that purpose; this is allied with an obligation to afford an opportunity to improve (see, in particular, Judgment 4289, under 7, and the case law cited therein). These principles are also applicable when, as in the present case, a decision is to be taken on whether to convert a graduate appointment into an appointment for an undetermined period or a limited period.
Reference(s)
ILOAT Judgment(s): 4289
Keywords
short-term; non-renewal of contract; performance
Consideration 11
Extract:
The Tribunal cannot grant the complainant’s principal claim for reinstatement. Having regard to the wording and scheme of the abovementioned provisions of Article 6 of Annex Xa to the Staff Regulations, the setting aside of the impugned decision does not necessarily entail the conversion of the complainant’s appointment as a graduate into an appointment for an undetermined period or at least a limited period.
Keywords
reinstatement
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