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Legitimate expectation (272,-666)
You searched for:
Keywords: Legitimate expectation
Total judgments found: 40
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Judgment 1232
74th Session, 1993
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The complainant, a civil servant of the organization who had been sentenced in his country of origin, was released from prison but was not allowed to leave the country. Under duress he wrote a letter applying for early retirement which was forwarded to the organization by his government. The organization accepted the request and rejected the complainant's internal appeal against that decision. The Tribunal quashes the decision. "On the evidence he was a good employee and he had his appointment constantly renewed from the start of his imprisonment until the date of consent to his early retirement. He might therefore have reasonably expected renewal of appointment up to the age of retirement."
Keywords:
condition; contract; extension of contract; fixed-term; legitimate expectation; satisfactory service; work appraisal;
Judgment 1090
70th Session, 1991
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant says that the Executive Director of the World Food Programme assured him in an interview that he could be sent to Tunisia for one term. The evidence shows that the organization took ten months before making its position clear without however denying outright that the Executive Director had made such a promise. The complainant therefore had good reason to expect up to then that he would get what he wanted. The FAO's behaviour could but cause the complainant at least moral injury for which he is entitled to redress.
Keywords:
injury; legitimate expectation; moral injury; promise; transfer;
Judgment 687
57th Session, 1985
European Patent Organisation
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Although the complainant's performance showed improvement by the end of an extended period of probation, the organisation dismissed him. The Tribunal holds that the extension of probation gave him reason to believe that if his work was found satisfactory he would get appointed. The President drew clearly mistaken conclusions from the evidence. His decision is set aside and the complainant is referred back to the organisation for determination of his rights on reinstatement in its employ as from the date of his dismissal.
Keywords:
extension of contract; legitimate expectation; mistaken conclusion; probationary period; reconstruction of career; reinstatement; satisfactory service; termination of employment;
Judgment 675
56th Session, 1985
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Summary
Extract:
Having served the organization since 1969, the complainant was seconded for two years to the UNDP in 1980. In 1982 the organization decided not to extend the appointment or the secondment. The Tribunal holds that the organization committed an error of law by assuming that a fixed-term appointment expires automatically on the specified expiration date, and an abuse of power for having terminated the complainant without stating its reasons. The award of damages reflects the especially grave moral injury sustained by the complainant.
Keywords:
abuse of power; contract; discretion; duty to substantiate decision; fixed-term; flaw; legitimate expectation; misuse of authority; moral injury; non-renewal of contract; secondment;
Judgment 629
54th Session, 1984
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 8
Extract:
For some years the complainant has been trying, to no avail, to have his post upgraded. "Although the evidence shows the complainant to be a fine staff member who has perhaps not fared as well towards the end of his career as he might reasonably have expected, that does not mean the iILO has been in any way at fault."
Keywords:
career; legitimate expectation; post classification; promotion; satisfactory service;
Judgment 526
49th Session, 1982
World Meteorological Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
The Tribunal considers it something of an anomaly that the complainant has had no promotion for thirteen years. Her reasonable expectations have not been fulfilled. The advice given her by the Secretary-General to submit her candidature for WMO post vacancies "implies some willingness to advance the complainant's career by giving her promotion corresponding to her seniority, qualifications and experience, provided that this is administratively and financially possible."
Keywords:
career; legitimate expectation; promotion;
Judgment 506
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 5
Extract:
The organization adopted a more flexible approach in the application of the new rule: "Those [officials] appointed before the Finance Committee made its recommendation, who before had been informed of the possibility of qualifying for non-local status, or might have been, were still able to obtain such status despite the wording of the rule. There was strict application only to those appointed after the recommendation. The distinction between those appointed before and those appointed after rested on the fact that the former, unlike the latter, had or might have had the expectation of qualifying for non-local status some day."
Keywords:
amendment to the rules; appointment; date; difference; enforcement; equal treatment; legitimate expectation; local status; non-local status; practice; promise; provision; staff regulations and rules;
Judgment 505
48th Session, 1982
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
Up until the end of October 1974, short-term officials "had or may have had the expectation of qualifying some day [for non-local status]. It was therefore fair to take account of that expectation and grant them non-local status on the terms established under the practice." After that date, officers recruiting short-term staff "were told to discontinue the practice of mentioning the possibility of qualifying for non-local status [...] in other words, the old practice was abolished, the result being that those who were [recruited after that date] had no reason to expect non-local status and could not claim it by virtue of the principle of equality."
Keywords:
amendment to the rules; equal treatment; legitimate expectation; local status; non-local status; practice;
Judgment 427
45th Session, 1980
Pan American Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 19(B)
Extract:
The complainant asks for "compensation 'based on the amount he would have earned through regular contract renewal'. This is not a basis usually taken in cases of non-renewal, for it has always to be remembered that in such a case a complainant has been deprived not of a contractual right but only of an expectation [...]. In the present case [...] the expectation was very solid [...]. In these exceptional circumstances the Tribunal concludes that full financial compensation should be given on the basis claimed."
Keywords:
amount; contract; damages; fixed-term; legitimate expectation; non-renewal of contract;
Judgment 415
44th Session, 1980
World Health Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 7
Extract:
The complainant's post was abolished and her contract was not renewed. The Staff Regulations stipulate that preference should be given to "persons already in the service" but the complainant was denied the benefit of such preference. "She has not been deprived of any contractual rights to salary or pension, but only of expectation of further employment. The Tribunal considers that the appropriate award of compensation is 8,000 Swiss francs."
Keywords:
abolition of post; amount; contract; damages; fixed-term; legitimate expectation; non-renewal of contract; organisation's duties; priority; reassignment;
Judgment 406
43rd Session, 1980
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
There is provision for the possibility of an extension and an expert, "whose assignment has run smoothly and for whom the circumstances show a continuing need, is entitled to expect that [...] an unprejudiced decision will be taken in the interests of the organisation. This does not mean that the organisation is required to justify a non-renewal as if it was an interference with a contractual right."
Keywords:
contract; fixed-term; legitimate expectation; non-renewal of contract; organisation's duties; organisation's interest; project personnel;
Judgment 365
41st Session, 1978
International Patent Institute
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 9
Extract:
"It is true that when he takes up employment with an organisation an official may reasonably hope some day to advance in grade and that the rules on promotion create an acquired right in so far as they offer the prospect of advancement. But the substance of the acquired right to promotion is merely the possibility of advancement because it is only on the strength of such a possibility that a staff member may have accepted appointment."
Keywords:
acquired right; career; legitimate expectation; promotion; terms of appointment;
Judgment 251
34th Session, 1975
Food and Agriculture Organization of the United Nations
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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;
Judgment 229
32nd Session, 1974
International Labour Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
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;
Judgment 133
21st Session, 1969
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration 4
Extract:
"[I]t is consonant with the spirit of the Rules and Regulations that a staff member who has served the organization in a fully satisfactory manner for a particularly long period, and who might reasonably have expected to finish his career in the same organization, should be treated in a manner more appropriate to his situation. If he loses his post, he may claim to be appointed to any vacant post which he is capable of filling in a competent manner, whatever may be the qualifications of the other candidates [...]. This interpretation [...] take[s] account of the legitimate expectation of staff members [and] is not prejudicial to the organization itself, which has every interest in employing staff members who have shown themselves deserving of confidence over a long period of employment."
Keywords:
abolition of post; legitimate expectation; priority; reassignment; satisfactory service;
Judgment 32
7th Session, 1958
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Considerations
Extract:
The decision of the Director-General to refuse an indeterminate appointment "is particularly serious because it deprives the official concerned of the possibility of making a career within the organization which a lengthy period of satisfactory service had entitled him legitimately to expect [...]. Therefore such a decision should be taken only while fully respecting the provisions of the [Regulations] in order to surround the free decision of the Director-General with the guarantees imposed in the interests both of the organization and of the official concerned."
Keywords:
career; contract; due process; flaw; legitimate expectation; organisation's interest; permanent appointment; refusal; satisfactory service; staff member's interest;
Judgment 21
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration on prejudice
Extract:
"An official who combines all the necessary qualities has a legitimate expectancy of being offered a new appointment in the position which he occupied [...]. Not only is such an almost absolute quod plerumque fit but also [...] in thus acting the administration has as its objective to create a permanent body of officials experienced in their duties, who are destined to follow a career in the organisation".
Keywords:
career; contract; fitness for international civil service; fixed-term; legitimate expectation; non-renewal of contract; satisfactory service;
Judgment 19
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration on prejudice
Extract:
Vide Judgment 21, consideration on prejudice.
Reference(s)
ILOAT Judgment(s): 21
Keywords:
career; contract; fitness for international civil service; fixed-term; legitimate expectation; non-renewal of contract; satisfactory service;
Judgment 18
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration on prejudice
Extract:
Vide Judgment 21, consideration on prejudice.
Reference(s)
ILOAT Judgment(s): 21
Keywords:
career; contract; fitness for international civil service; fixed-term; legitimate expectation; non-renewal of contract; satisfactory service;
Judgment 17
5th Session, 1955
United Nations Educational, Scientific and Cultural Organization
Extracts: EN,
FR
Full Judgment Text: EN,
FR
Consideration on prejudice
Extract:
Vide Judgment 21, consideration on prejudice.
Reference(s)
ILOAT Judgment(s): 21
Keywords:
career; contract; fitness for international civil service; fixed-term; legitimate expectation; non-renewal of contract; satisfactory service;
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