Judgment 310
38th Session, 1977
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
"This was a decision which fell within the discretion of the Director-General and therefore the Tribunal's power of review is limited to certain grounds of which the only one here relevant would be an improper motivation. The main reason why the complainant's contract was not renewed was that his superiors considered that he was not the type of person who could work within a team. They may have been right or wrong about this, but a careful study of the dossier does not indicate the existence of any improper motive or of any other ground which could justify the intervention of the Tribunal."
Keywords:
contract; discretion; fixed-term; grounds; judicial review; non-renewal of contract; working relations;
Judgment 306
38th Session, 1977
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The complete turn around in assessments of the complainant's work within the space of ten months is unexplainable. The organisation's belated explanations are not borne out by the evidence. "Hence, although the impugned decision cannot be said to have been taken for reasons contrary to the interests of the [service], it is clear at least that the decision drew clearly mistaken conclusions from the facts and should therefore be quashed."
Keywords:
amount; contract; different appraisals; fixed-term; mistaken conclusion; non-renewal of contract; satisfactory service; unsatisfactory service; work appraisal;
Judgment 297
38th Session, 1977
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"Two conclusions may be drawn from the dossier. First, the complainant has professional and other merits [...]. Secondly, according to his own correspondence his relationship with the chief of his division had deteriorated to the point of precluding co-operation between them. [...] In refusing to renew the complainant's appointment, the Director-General did not draw clearly mistaken conclusions from the dossier."
Keywords:
contract; fixed-term; mistaken conclusion; non-renewal of contract; satisfactory service; supervisor; working relations;
Consideration 3
Extract:
"In its report the Appeals Committee set out the parties' allegations and commented on them. The Director-General knew of the Committee's report since he expressed his views on it. He was therefore aware of the facts which the complainant alleges were essential, and there is nothing to suggest that he disregarded them."
Keywords:
contract; disregard of essential fact; fixed-term; internal appeals body; non-renewal of contract; recommendation;
Consideration 1
Extract:
"The impugned decision not to extend the complainant's appointment [...] falls within the Director-General's discretionary authority."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract;
Judgment 291
38th Session, 1977
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"Whether or not to renew an appointment is a matter which falls within the Director-General's discretionary authority, and the Tribunal may interfere with a decision taken by the head of the organisation not to renew the appointment only if that decision [...]."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract;
Considerations
Extract:
"Supposing that [the] decision were indeed based on action taken by the complainant [...] when he sent his superior a letter couched in highly improper language which could not be tolerated from [a] subordinate, the Tribunal would not be entitled to quash a decision to remove from the staff of the organisation one whose attitude was on several occasions plainly at odds with the basic duties of [an] international official. In any event such an attitude would in law warrant refusing the complainant a further appointment."
Keywords:
conduct; contract; fitness for international civil service; fixed-term; grounds; insubordination; non-renewal of contract;
Judgment 268
36th Session, 1976
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"The decision whether or not to extend a fixed-term appointment on its expiry falls within the discretionary authority of the Regional Director [in the present case] and, on appeal, within that of the Director-General. By reason of its very nature it is subject to only limited review by the Administrative Tribunal. In general the Tribunal will not interfere with that decision unless [...]."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract;
Considerations
Extract:
The complainant's appointment was not renewed on the grounds of unsatisfactory performance and poor relations with her supervisor. Her previous supervisors had been consistently satisfied and the record contains no serious criticisms. "[T]he regional administration failed in particular to carry out a thorough and impartial inquiry, which would have been possible shortly after the incidents in question, and merely endorsed the report made by [the supervisor], whose impartiality was in dispute. [...] The decision [...] was not based on the interests of the Office"; the Tribunal will set it aside.
Keywords:
bias; contract; different appraisals; fixed-term; inquiry; investigation; non-renewal of contract; organisation's interest; performance report; supervisor; unsatisfactory service; working relations;
Judgment 267
36th Session, 1976
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant maintains that the circumstances of his dismissal damaged his reputation. "There is nothing dishonourable about having to retire at the normal age stipulated in the Staff Regulations. Moreover [...] the organization gave him a written testimonial thanking him for his services over the past twenty-two years, and that served to remove - assuming it were necessary - the prejudice he has alleged."
Keywords:
age limit; contract; enforcement; extension beyond retirement age; fixed-term; lack of injury; non-renewal of contract; refusal; retirement; staff regulations and rules;
Judgment 266
36th Session, 1976
European Southern Observatory
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"It appears from the facts of the case that [...] the complainant's attitude had not been such as is expected of an international official and that in particular he committed serious acts of misconduct which cast doubt on his integrity. The behaviour of which the complainant was accused - and the falsity of those accusations is not established - is such as to afford lawful grounds for the impugned decision. It was open to the Director-General to take disciplinary action against the complainant on the grounds of that behaviour and he was therefore entitled, as he in fact did, merely to refuse to renew his contract."
Keywords:
conduct; contract; disciplinary procedure; fitness for international civil service; fixed-term; non-renewal of contract; serious misconduct; subsidiary;
Considerations
Extract:
"The total or partial renewal of a fixed-term contract, to which an official is in no way entitled, is a decision which falls within the discretionary authority of the head of the organisation alone. The Tribunal will not interfere with such a decision unless [...]."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract;
Judgment 260
35th Session, 1975
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The applicable provision permits termination if the person concerned is unacceptable to the material government or if he is unsuitable for his post. The government did not declare that the person concerned was "persona non grata". A statement by a government official involved in the project was not sufficient; the complainant was not "unsuitable" simply because he was unacceptable to the material government official. The termination of the complainant's contract was unwarranted. The decision is quashed.
Keywords:
contract; enforcement; fixed-term; government approval; member state; persona non grata; project personnel; provision; qualifications; staff regulations and rules; termination of employment;
Judgment 251
34th Session, 1975
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3
Extract:
"In this case the décision not to extend or convert the complainant's appointment is not tainted with any irregularity which entitles the Tribunal to interfere. That decision is based on the abolition of the complainant's post - made redundant by the installation of three computers - and that is a plausible reason for not extending an appointment which has expired."
Keywords:
abolition of post; contract; fixed-term; grounds; judicial review; non-renewal of contract; reorganisation;
Consideration 3
Extract:
The refusal to extend the complainant's appointment is based on the abolition of the complainant's post. Considering the length of his service, the complainant might have expected to be kept on, but "it does not follow that the Director-General exceeded his discretionary authority in taking a decision which there is no reason to doubt was in accordance with the interests of the organization in his charge."
Keywords:
abolition of post; contract; discretion; fixed-term; legitimate expectation; non-renewal of contract; organisation's interest;
Consideration 2
Extract:
"A decision not to extend a fixed-term appointment or not to convert it into an appointment of indeterminate duration falls within the Director-General's discretionary authority. Hence the Tribunal may quash it only if [...]."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract; offer; permanent appointment;
Judgment 246
33rd Session, 1974
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 3(a)
Extract:
"The decisions to grant the complainant only fixed-term appointments did not infringe any provision of the [...] Regulations and may not be regarded as being ultra vires or as misuse of authority as indeed the complainant himself acknowledged in accepting the offers of appointment."
Keywords:
acceptance; complainant; contract; fixed-term; organisation's duties; successive contracts;
Consideration 2
Extract:
The organization "is not bound to grant appointments in such terms as to confer on staff members maximum benefit from the fund. On the contrary, although it is of course required to take account of the legitimate interests of staff members on recruitment, in doing so it cannot overlook its own interests."
Keywords:
contract; fixed-term; forfeiture of benefit; organisation's duties; organisation's interest; participation; pension; staff member's interest; terms of appointment; unjspf;
Judgment 245
33rd Session, 1974
International Atomic Energy Agency
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"[The] argument [of misuse of authority] can be accepted only if the Director-General was actuated by improper motives. Since it is the Director-General's duty to safeguard the [organisation's] interests at all times, the question arises whether the impugned decision [not to renew the complainant's contract] is in accordance with those interests. the tribunal will not substitute its own opinion of the nature of the [organisation's] interests for that of the highest authorities of the administration, which are the sole judges."
Keywords:
abuse of power; contract; discretion; fixed-term; judicial review; misuse of authority; non-renewal of contract; organisation's interest;
Consideration 5
Extract:
[T]he refusal of the complainant's request to extend his contract "deprives him of his pension entitlements. It therefore has substantial effects on the financial interests of a staff member whose services were consistently regarded by [the organisation] as satisfactory."
Keywords:
consequence; contract; extension of contract; fixed-term; non-renewal of contract; organisation's duties; participation; pension; refusal; unjspf;
Consideration 3
Extract:
"The complainant cannot properly take the [organisation] to task for appointing him without informing him of its general practice of not granting fixed-term appointments of more than five years' duration. It may of course be regrettable that he was not informed at the outset of that restriction, as new staff members [...] apparently now are. But since he should have expected his appointment to be terminated [...] he cannot found any claim on the omission which he attributes to [the organisation]."
Keywords:
contract; contributory service; duration of appointment; duty to inform; fixed-term; forfeiture of benefit; limits; negligence; non-renewal of contract; organisation;
Consideration 5
Extract:
"[B]y limiting the period of the complainant's service to five years the Director-General would not have departed from the practice of regarding only appointments of more than five years as permanent."
Keywords:
contract; duration of appointment; fixed-term; limits; permanent appointment; practice;
Consideration 5
Extract:
"[B]y causing the complainant serious loss which was not justified by the need to safeguard any interest of the [organisation] the Director-General drew from the dossier conclusions which are clearly mistaken."
Keywords:
contract; fixed-term; forfeiture of benefit; injury; mistaken conclusion; non-renewal of contract; organisation's interest; pension; pension entitlements;
Consideration 3
Extract:
The director of personnel had informed the complainant that fixed-term contracts "[...]'can be followed by [further] fixed-term contracts depending upon the needs of the [organisation's] programme and work performances of the staff member concerned'. The complainant could not infer from that statement [...] any right to continue in the [organisation's] service until completion of the programme to which he had been assigned and for as long as his work performance was satisfactory. On the contrary, by using the word 'can' the [organisation] reserved the right to terminate his appointment even if the stipulated conditions were fulfilled."
Keywords:
condition; contract; extension of contract; fixed-term; non-renewal of contract; organisation's duties;
Judgment 243
33rd Session, 1974
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 1
Extract:
"[T]he Administrative Tribunal may interfere with a decision [...] refusing to extend a fixed-term appointment only if [...]."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract;
Consideration 7
Extract:
The organisation, "instead of terminating the complainant's services as soon as it realised his inability to work in an international organisation, ¨[...] found him other work; but again he proved incompetent. It offered him field posts; but he refused them. It is clear therefore that he was treated with consideration."
Keywords:
contract; fitness for international civil service; fixed-term; non-renewal of contract; organisation's duties; unsatisfactory service;
Judgment 241
33rd Session, 1974
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
According to the complainant, the decision not to renew her contract was taken on mistaken grounds, that is on incorrect facts. In concluding that there had been no prejudice, that her case had been fully examined and that despite warnings her work performance had not improved, the Director-General "took account of facts which are not proved to be incorrect." Each of these points is confirmed by the evidence in the dossier.
Keywords:
contract; fixed-term; judicial review; non-renewal of contract; unsatisfactory service; warning;
Consideration 2
Extract:
There is no "question of misuse of authority. [Indeed] there is no reason to suppose that in terminating the complainant's appointment the Director-General was actuated by motives foreign to the organization's interests."
Keywords:
abuse of power; contract; fixed-term; misuse of authority; non-renewal of contract; organisation's interest;
Judgment 230
32nd Session, 1974
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
"When the complainant was reappointed [...] the officials of the organization did not realise that they were depriving him of the chance of becoming a full participant in the Joint Staff Pension Fund. In all likelihood, had they realised the consequences of their decision, they would have extended the period of the contract [...] without regard to the date of expiry of the project and so enabled the complainant to become a full participant."
Keywords:
contract; contributory service; extension of contract; fixed-term; forfeiture of benefit; negligence; non-renewal of contract; participation; unjspf;
Considerations
Extract:
"The decision to extend the complainant's appointment [...] was taken in the exercise of discretion. The Tribunal can therefore interfere with it only if [...]."
Keywords:
contract; discretion; fixed-term; judicial review; non-renewal of contract;
Judgment 229
32nd Session, 1974
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2(h)
Extract:
"[T]he Director-General did not draw conclusions which are clearly false from the facts brought to his attention. Over and above the various criticisms, couched in more or less veiled terms, of the complainant's relations with other staff members, the organisation's financial difficulties [...] warranted the decision to terminate the appointment of a staff member whose services appeared no longer necessary."
Keywords:
budgetary reasons; conduct; contract; fixed-term; non-renewal of contract; working relations;
Consideration 2(b)
Extract:
"The decision not to renew a staff member's appointment need not take any particular form. The impugned decision was communicated in writing and its form is not open to any formal criticism."
Keywords:
contract; fixed-term; formal flaw; formal requirements; non-renewal of contract;
Consideration 2(e)
Extract:
Provision is made under the Staff Regulations for the automatic expiry of fixed-term appointments and the material provision expressly states that such appointments carry no expectation of renewal. "Being in conformity with this provision the impugned decision is not based on any error of law. The duration of her appointment does not invalidate this finding, since there is no provision of the Staff Regulations or of her contract of appointment requiring the organisation to take account of the duration of the appointment." (The complainant had been advised of the impending non-renewal of her contract after 6 years of service.)
Keywords:
contract; fixed-term; judicial review; legitimate expectation; non-renewal of contract; organisation's duties; successive contracts;
Consideration 2(c)
Extract:
The complainant had in fact exercised her right to a hearing when she sent the Director-General a letter which included an account of her position. "She has no grounds for complaining that the Director-General did not interview her personally since the right to a hearing does not imply any right to plead one's case orally before the Director-General."
Keywords:
consequence; contract; fixed-term; general principle; non-renewal of contract; right to reply;
Judgment 223
31st Session, 1973
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
It appears from the evidence that the "sole purpose [of the decision not to renew the complainant's contract upon his reaching retirement age] was to remove [him]." Certain irregularities could be observed in his service, but no serious inquiry was made nor any disciplinary proceedings undertaken. "[T]he decision [...] was based on mere suspicions unsupported by the slightest evidence, and is therefore tainted by misuse of authority and must be quashed."
Keywords:
abuse of power; age limit; contract; disciplinary procedure; fixed-term; inquiry; investigation; lack of evidence; misconduct; misuse of authority; non-renewal of contract; retirement;
Considerations
Extract:
"[T]he Tribunal's competence to review the legality of the decision is confined to determining, among other things, whether the impugned decision is tainted by misuse of authority."
Keywords:
contract; fixed-term; judicial review; non-renewal of contract;
Considerations
Extract:
The non-renewal decision having to be quashed for misuse of authority, account must be taken of material and moral damage and of the fact that the complainant could not have been retained in service beyond the age of 65. "It would therefore be a fair assessment of the circumstances as a whole to award [...] compensation in an amount of 35,000 Swiss francs, less the sum already granted to him by [the organisation]."
Keywords:
abuse of power; age limit; amount; contract; criteria; fixed-term; material damages; misuse of authority; moral injury; non-renewal of contract; retirement;
Judgment 221
31st Session, 1973
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant accepted the renewal of his contract, while reserving the right to appeal in connection with the circumstances of an earlier non-renewal. This reservation means either that while accepting the renewal, he is appealing against the non-renewal, which is a self-contradiction, or that while accepting the renewal, he still wishes to complain about an earlier non-renewal; that "would involve an investigation into the history of a decision which is not impugned and which, being superseded, is not impugnable. The Tribunal cannot give effect to a reservation in such terms."
Keywords:
contract; extension of contract; fixed-term; non-renewal of contract; receivability of the complaint;
Judgment 214
31st Session, 1973
International Telecommunication Union
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 2
Extract:
The complainant was dismissed for having abandoned his post. Immediately before the end of their contracts, officials are required to undergo an examination by the staff physician. "The complainant was not so examined. Non-compliance with this rule does not of itself render a termination invalid."
Keywords:
abandonment of post; condition; contract; fixed-term; medical examination; organisation's duties; separation from service; termination of employment; unauthorised absence;
Judgment 210
30th Session, 1973
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The Tribunal holds that the four crucial representations were false; the complainant bore responsibility for the four misrepresentations and they could have had serious consequences for relations between the organization and the government, all of which constitutes misconduct. But the complainant's motives were not corrupt and his previous record was satisfactory. Account should have been taken of attenuating circumstances. Summary dismissal was out of all proportion to the degree of misbehaviour.
Keywords:
contract; duty of discretion; fixed-term; misrepresentation; mitigating circumstances; proportionality; serious misconduct; summary dismissal; termination of employment;
Judgment 195
29th Session, 1972
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
The complainant's appointment was not renewed because the government concerned did not favour his return to the regional office. There is evidence of strong and unjustifiable prejudice against the complainant. The organization failed in its duty to bring to the attention of the government concerned all relevant matters of the case. The complainant is awarded an indemnity of US $20,000 for moral and material damage.
Keywords:
bias; contract; damages; fixed-term; material injury; moral injury; non-renewal of contract; persona non grata;
